Prosecution Insights
Last updated: April 19, 2026
Application No. 18/272,302

AN ENERGY STORAGE DEVICE

Non-Final OA §103
Filed
Jul 13, 2023
Examiner
RUPPERT, ERIC S
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Graphite Energy (Assets) Pty Limited
OA Round
3 (Non-Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
2y 10m
To Grant
83%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
437 granted / 739 resolved
-10.9% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
55 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered. 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) 15-18, 20-21 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU (US6330395) in view of Khoo (WO2015085357A1). Regarding claim 15, Wu discloses an energy storage apparatus (see Fig. 2-3) comprising: a sensible heat storage body (see body comprising 131 & 132) having a heat exchanger channel (see channel formed by grooves 141 & 142) and a heating element channel (see channel formed by grooves 151 & 152) adapted to receive a removable heating element (heating unit 3), a removable heating element disposed in the heating element channel, wherein the heating element channel is located internally of the sensible heat storage body; and an open ended heat exchanger (metal pipe 110) having an inlet and an outlet, wherein at least a portion of the heat exchanger is disposed along the channel. Wu does not teach wherein the sensible heat storage body is graphite. Khoo teaches wherein the sensible heat storage body is graphite (graphite planks 512; Fig. 7). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu to include graphite as taught by Khoo, in order to provide a material with a high maximum operating temperature and which is capable of quickly reaching said operating temperature (Page 8, lines 14-20). Regarding claim 16, Wu discloses the limitations of claim 15, and Wu further discloses the sensible heat storage body comprises a heat exchanger channel (see same/another of channel formed by grooves 141 & 142) having at least two open ends within the sensible heat storage body. Regarding claim 17, Wu discloses the limitations of claim 15, and Wu further discloses the sensible heat storage body is assembled by component parts (131 & 132). Regarding claim 18, Wu discloses the limitations of claim 15, and Wu further discloses the heat exchanger is in the shape of a serpentine coil (see “serpentine” shaped pipe 110). Regarding claim 20, Wu discloses the limitations of claim 15, and Wu further discloses wherein the energy storage apparatus further comprises insulation (main body can be enclosed by heat insulation layer – Col. 3, lines 25-35). Regarding claim 21, Wu discloses the limitations of claim 15, and Wu further discloses the energy storage apparatus further comprises an enclosure (main body can be enclosed by heat insulation layer – Col. 3, lines 25-35). Regarding claim 27, Wu further discloses an energy storage array comprising: a plurality (plurality of main bodies - Col. 4, lines 30-40) of energy storage apparatus according to claim 15. Claim(s) 15-17, 20-22, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donkin (GB2241569A) in view of Khoo (WO2015085357A1). Regarding claim 15, Donkin discloses an energy storage apparatus (see Fig. 1-3) comprising: a sensible heat storage body (see at least one set of bricks 28 surrounding tube 24-27) having a heat exchanger channel (see channels formed by “semi-cylindrical recesses” therein) and a heating element channel (grooves 46) adapted to receive a removable heating element (heating coils 33), wherein the heating element channel is located internally of the sensible heat storage body; and an open-ended heat exchanger (respective tubes 24-27) having an inlet (45) and an outlet (40), wherein at least a portion of the open-ended heat exchanger is disposed along the channel. Donkin is silent to the heating element disposed in the heating element channel being a removable heating element, however, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Donkin to include wherein the heating element is removable, in order to allow for servicing, repairs, or the like (see MPEP 2144.04 V C). Donkin does not teach wherein the sensible heat storage body is graphite. Khoo teaches wherein the sensible heat storage body is graphite (graphite planks 512; Fig. 7). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Donkin to include graphite as taught by Khoo, in order to provide a material with a high maximum operating temperature and which is capable of quickly reaching said operating temperature (Page 8, lines 14-20). Regarding claim 16, Donkin discloses the limitations of claim 15, and Donkin further discloses the sensible heat storage body comprises a heat exchanger channel (see channels formed by “semi-cylindrical recesses” therein) having at least two open ends within the sensible heat storage body. Regarding claim 17, Donkin discloses the limitations of claim 15, and Donkin further discloses the sensible heat storage body is assembled by component parts (bricks 28). Regarding claim 21, Donkin discloses the limitations of claim 15, and Donkin further discloses the energy storage apparatus further comprises an enclosure (insulation panels 29-32). Regarding claim 22, Donkin discloses the limitations of claim 21, and Donkin further discloses the enclosure comprises at least one aperture adapted to receive a heat exchanger (29a/30a), and is considered to implicitly disclose an aperture for the heating coils, which must are disclosed as being attached to electrical terminals (not shown). Regarding claim 27, Donkin further discloses an energy storage array comprising: a plurality of energy storage apparatus (see plurality of bricks 28 with tubes 24-27) according to claim 15. Claim(s) 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donkin (GB2241569A) in view of Khoo (WO2015085357A1) and Yu (WO2018157311). Regarding claim 23-25, Donkin teaches the limitations of claim 22, and Donkin does not teach wherein the at least one aperture further comprises a sealing flange, a sealing gasket, the heating element is sealingly engaged with the sealing flange. Yu teaches the at least one aperture further comprises a sealing flange (flange 11), a sealing gasket (gasket 12), the heating element (heater 50) is sealingly engaged with the sealing flange, in order to reduce heat losses from the heat storage enclosure (Page 4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Donkin to include the sealing configuration of Yu, in order to reduce heat losses from the heat storage enclosure (Page 4). Regarding claim 26, Donkin teaches the limitations of claim 23, and Donkin does not teach the heat exchanger is sealingly engaged with the sealing flange. Yu teaches the at least one aperture further comprises a sealing flange (flange 11), a sealing gasket (gasket 12), the heating element (heater 50) is sealingly engaged with the sealing flange, in order to reduce heat losses from the heat storage enclosure (Page 4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Donkin to include the sealing configuration of Yu to the heat exchanger of Donkin, in order to reduce heat losses from the heat storage enclosure (Page 4), as it has been held obvious to use a known technique to improve similar devices in the same way. In this case, an enclosure penetration, whether it be a heating element or heat exchanger, would benefit from reduced thermal losses via the sealing configuration of Yu (see MPEP 2143). Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm. 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, Len Tran can be reached at 571-272-1184. 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. /ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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Prosecution Timeline

Jul 13, 2023
Application Filed
Jun 04, 2025
Non-Final Rejection — §103
Sep 04, 2025
Response Filed
Sep 15, 2025
Final Rejection — §103
Dec 15, 2025
Request for Continued Examination
Jan 08, 2026
Response after Non-Final Action
Jan 13, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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METHOD FOR COOLING BATTERY
2y 5m to grant Granted Apr 14, 2026
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Patent 12560390
GREY WATER HEAT RECOVERY APPARATUS
2y 5m to grant Granted Feb 24, 2026
Patent 12553674
MANIFOLD ASSEMBLY AND HEAT EXCHANGER
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
59%
Grant Probability
83%
With Interview (+24.1%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allow rate.

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