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 .
Response to Amendment
In response to the amendment received June 1, 2026;
Claims 15 has been amended, Therefore Claims 1-20 are pending in this office action.
The 112 rejection has been withdrawn
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action issued on March 2, 2026.
Claim Objections
Claims 18-20 are objected to because of the following informalities: The last page of the claims (with claims 18-20) are missing. Appropriate correction is required.
Claim Rejections - 35 USC § 102
Claim(s) 1-6 & 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosso et al. (US 2014/0057141).
With respect to claim 1, Mosso et al. discloses a flow battery 10 [Figure 3; 0051-0065], comprising:
a first reservoir 12 containing a first electrolyte solution; and one or more battery packs 18a-c [0049-0058], a battery pack comprising:
a battery stack 12 comprising at least one electrochemical cell [0052]; an enclosure (flow path 44/42/40a-b/40g-h/12/14) [Figure 2; 0049-0058] enclosing the battery stack [0050-0065; Figures 2];
first supply flow path 44 configured to supply the first electrolyte solution to the battery stack [0051-0065], the first supply flow path 44 being in fluid communication with the first reservoir 12 and the battery stack 18a-c, the first supply flow path 44 comprising a substantially U-shaped bend (flow control device 40) [0051; Figure 4] such that a first portion of the first supply flow path 44 and a second portion of the first supply flow path 44 are positioned substantially parallel to each other and within the enclosure [Figure 2]; and
a first return flow path 42 configured to return the first electrolyte solution to the first reservoir after the first electrolyte solution has passed through the battery stack, wherein the first return flow path is in fluid communication with the battery stack and the first reservoir 12, the first return flow path forming a substantially U-shaped bend (flow control device 40) [0051; Figure 4] such that a first portion of the first return flow path and a second portion of the first return flow path are positioned substantially parallel to each other and within the enclosure. [Figure 2]
PNG
media_image1.png
319
484
media_image1.png
Greyscale
With respect to claim 2, Mosso et al. discloses:
a second reservoir 14 containing a second electrolyte solution, wherein the battery pack further comprises:
a second supply flow path 42 configured to supply the second electrolyte solution to the battery stack 18a-c, wherein the second supply flow path 42 is in fluid communication with the second reservoir 14 and the battery stack 18a-c, the second supply flow path 42 forming a substantially U-shaped bend (flow control device 40) [0051; Figure 4] such that a first portion of the second supply flow path 42 and a second portion of the second supply flow path are positioned substantially parallel to each other and within the enclosure (flow path 44/42/40a-b/40g-h/12/14); and
a second return flow path configured to return the second electrolyte solution to the second reservoir 14 after the second electrolyte solution has passed through the battery stack 18a-c, wherein the second return flow path is in fluid communication with the battery stack 18 a-c and the second reservoir 14, the second return flow path forming a substantially U-shaped bend (flow control device 40) [0051; Figure 4] such that a first portion of the second return flow path and a second portion of the second return flow path are positioned substantially parallel to each other and within the enclosure (flow path 44/42/40a-b/40g-h/12/14).
PNG
media_image2.png
344
438
media_image2.png
Greyscale
With respect to claim 3, Mosso et al. discloses wherein the first supply flow path has a first length and the battery pack further comprises:
a second supply flow path having a second length greater than the first length, the second supply flow path configured to supply the first electrolyte solution to the battery stack, wherein the second supply flow path is in fluid communication with the first reservoir 12 and the at least one battery stack 18a-c; and [Figure 2]
a controller configured to direct flow of the first electrolyte solution from the first reservoir to the battery stack between the first supply flow path and the second supply flow path based at least on an operating power of the flow battery. [0004; 0010; 0034; 0040; 0067-0094]
PNG
media_image3.png
319
484
media_image3.png
Greyscale
With respect to claim 4, Mosso et al. discloses wherein the controller is configured to: cause the first electrolyte solution to flow from the first reservoir to the battery stack via the first supply flow path if the operating power of the flow battery meets or exceeds a threshold [0073]; and
cause the first electrolyte solution to flow from the first reservoir to the battery stack via the second supply flow path if the operating power of the flow battery is less than the threshold [0040; 0073-0074].
With respect to claim 5, Mosso et al. discloses wherein the first return flow path has a first length and the battery pack further comprises:
a second return flow path having a second length greater than the first length, the second return flow path configured to return the first electrolyte solution to the first reservoir after the first electrolyte solution has passed through the battery stack, wherein the second return flow path is in fluid communication with the first reservoir and the battery stack [Figure 2]; and
a controller configured to direct flow of the first electrolyte solution from the battery stack to the first reservoir between the first return flow path and the second return flow path based at least on an operating power of the flow battery. [0010-0012; 0034; 0067-0075]
PNG
media_image3.png
319
484
media_image3.png
Greyscale
With respect to claim 6, Mosso et al. discloses wherein the first supply flow path further forms an additional substantially U-shaped bend such that a third portion of the first supply flow path and a fourth portion of the first supply flow path are positioned substantially parallel to each other, the third portion and the fourth portion positioned substantially parallel to the first portion of the first supply flow path and the second portion of the first supply flow path and within the enclosure; [Figure 2]
PNG
media_image4.png
319
484
media_image4.png
Greyscale
With respect to claim 8, Mosso et al. discloses wherein at least one of the substantially U-shaped bend (flow control device 40 a) in the first supply flow path and the substantially U-shaped bend (flow control device 40 e) in the first return flow path is positioned within the enclosure (flow path 44/42/40a-b/40g-h/12/14). [Figure 2]
With respect to claim 9, Mosso et al. discloses wherein the one or more battery packs are electrically connected to each other in series. [0035]
With respect to claim 10, Mosso et al. discloses wherein the first electrolyte solution is a liquid anolyte or a liquid catholyte. [0005; 0030-0035]
With respect to claim 11, Mosso et al. discloses a flow battery 10 [Figure 3; 0051-0065], comprising:
a first reservoir 12 containing a first electrolyte solution; and one or more battery packs 18a-c [0049-0058], a battery pack comprising:
a battery stack 12 comprising at least one electrochemical cell [0052];
a first supply flow path having a first length, the first supply flow path 44 configured to supply the first electrolyte solution to the battery stack [0051-0065], the first supply flow path 44 being in fluid communication with the first reservoir 12 and the battery stack 18a-c. [Figure 2]
a second supply flow path having a second length greater than the first length, the second supply flow path configured to supply the first electrolyte solution to the battery stack, wherein the second supply flow path is in fluid communication with the first reservoir 12 and the at least one battery stack 18a-c; and [Figure 2]
a controller configured to direct flow of the first electrolyte solution from the first reservoir to the battery stack between the first supply flow path and the second supply flow path based at least on an operating power of the flow battery. [0004; 0010; 0034; 0040; 0067-0094]
PNG
media_image3.png
319
484
media_image3.png
Greyscale
With respect to claim 12, Mosso et al. discloses wherein the first controller is configured to:
cause the first electrolyte solution to flow from the first reservoir to the battery stack via the first supply flow path if the operating power of the flow battery meets or exceeds a threshold [0073]; and
cause the first electrolyte solution to flow from the first reservoir to the battery stack via the second supply flow path if the operating power of the flow battery is less than the threshold [0040; 0073-0074].
With respect to claim 13, Mosso et al. discloses wherein the at least one battery stack is contained within an enclosure (flow path 44/42/40a-b/40g-h/12/14), and
wherein the second supply flow path forms a substantially U-shaped bend (flow control device 40) such that a first portion of the second supply flow path and a second portion of the second supply flow path are positioned substantially parallel to each other and within the enclosure. [Figure 2]
With respect to claim 14, Mosso et al. discloses further comprising:
a first return flow path having a third length, the first return flow path configured to return the first electrolyte solution to the first reservoir after the first electrolyte solution has passed through the at least one battery stack, wherein the first return flow path is in fluid communication with the at least one battery stack and the first reservoir; [Figure 2]
a second return flow path having a fourth length greater than the third length, the second return flow path configured to return the first electrolyte solution to the first reservoir after the first electrolyte solution has passed through the at least one battery stack, wherein the second return flow path is in fluid communication with the first reservoir and the at least one battery stack [Figure 2]; and
a second controller configured to alternate flow of the first electrolyte solution from the at least one battery stack to the first reservoir between the first return flow path and the second return flow path based at least on an operating power of the flow battery. [0010-0012; 0034; 0067-0075]
PNG
media_image3.png
319
484
media_image3.png
Greyscale
PNG
media_image2.png
344
438
media_image2.png
Greyscale
With respect to claim 15, Mosso et al. discloses wherein the second controller is configured to: cause the first electrolyte solution to flow from the first reservoir to the battery stack via the first supply flow path if the operating power of the flow battery meets or exceeds a threshold [0073]; and
cause the first electrolyte solution to flow from the first reservoir to the battery stack via the second supply flow path if the operating power of the flow battery is less than the threshold [0040; 0073-0074].
With respect to claim 16, Mosso et al. discloses wherein the at least one battery stack is contained within an enclosure (flow path 44/42/40a-b/40g-h/12/14), and wherein the second return flow path forms a substantially U-shaped bend (flow control device 40) such that a first portion of the second return flow path and a second portion of the second return flow path are positioned substantially parallel to each other and within the enclosure. [Figure 2]
PNG
media_image2.png
344
438
media_image2.png
Greyscale
With respect to claim 17, Mosso et al. discloses:
a second reservoir 14 containing a second electrolyte solution; and
a third supply flow path having a third length, the third supply flow path configured to supply the second electrolyte solution to the at least one battery stack, wherein the third supply flow path is in fluid communication with the at least one battery stack;
a fourth supply flow path having a fourth length greater than the third length, the fourth supply flow path configured to supply the second electrolyte solution to the at least one battery stack, wherein the fourth supply flow path is in fluid communication with the second reservoir and the at least one battery stack; and
a second controller configured to alternate flow of the second electrolyte solution from the second reservoir 14 to the at least one battery stack between the third supply flow path and the fourth supply flow path based at least on an operating power of the flow battery. [Figure 2; 0010-0012; 0034; 0067-0075]
PNG
media_image5.png
316
484
media_image5.png
Greyscale
With respect to claim 18, Mosso et al. discloses wherein the second controller is configured to:
cause the second electrolyte solution to flow from the second reservoir to the at least one battery stack via the third supply flow path if the operating power of the flow battery meets or exceeds a threshold [0010-0012; 0034; 0067-0075]; and
cause the second electrolyte solution to flow from the second reservoir to the at least one battery stack via the fourth supply flow path if the operating power of the flow battery is less than the threshold. [0010-0012; 0034; 0067-0075]
With respect to claim 19, Mosso et al. discloses :
a first return flow path having a fifth length, the first return flow path configured to return the second electrolyte solution to the second reservoir after the second electrolyte solution has passed through the at least one battery stack, wherein a the first return flow path is in fluid communication with the at least one battery stack and the second reservoir; [Figure 2]
a second return flow path having a sixth length greater than the fifth length, the second return flow path configured to return the second electrolyte solution to the second reservoir after the second electrolyte solution has passed through the at least one battery stack, wherein a first end of the second return flow path is connected to the second reservoir and a second end of the second return flow path is connected to the at least one battery stack [Figure 2]; and
a third controller configured to alternate flow of the second electrolyte solution from the at least one battery stack to the second reservoir between the first return flow path and the second return flow path based at least on an operating power of the flow battery. [0010-0012; 0034; 0067-0075]
PNG
media_image6.png
328
504
media_image6.png
Greyscale
With respect to claim 20, Mosso et al. discloses wherein the first electrolyte solution is a liquid anolyte or a liquid catholyte. [0005; 0030-0035]
Claim Rejections - 35 USC § 103
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mosso et al. (US 2014/0057141)
With respect to claim 7, Mosso et al. discloses wherein at least one of the substantially U-shaped bend in the first supply flow path and the substantially U-shaped bend in the first return flow path is positioned external to the enclosure.
While Mosso et al. does not disclose wherein at least one of the substantially U-shaped bend in the first supply flow path and the substantially U-shaped bend in the first return flow path is positioned external to the enclosure, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed structures would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant Argues
first, the office does not identify disclosure in Mosso of the claimed enclosure, which "enclose[es] the battery stack." Although the office appears to equate Mosso's three independent reaction stacks 18 to the claimed battery stack, the office does not identify any portion of Mosso that discloses an enclosure which encloses any of the three independent reaction stacks 18. In an attempt to show that Mosso discloses the claimed enclosure, the office asserts "flow path 44/42/40a-b/40g-h/12/14" is equivalent to the claimed enclosure. Office Action at page 3. But this suggestion is misplaced, as it is not the case that Mosso's anolyte flow path (which is provided with flow control devices) and the tank, when viewed together, form an "enclosure" that "encloses" the three independent reaction stacks 18. Instead, Mosso's flow path, flow control devices, and tank are independent system components that do not form a single structure capable of "enclosing" any of the three independent reaction stacks.
Second, even if Mosso's "flow path 44/42/40a-b/40g-h/12/14" constitutes an "enclosure" (a point not conceded). Under the office's reasoning, Mosso's flow paths themselves form the alleged enclosure. But those same flow paths cannot also be positioned "within" the enclosure, as required by the claims, as a structure cannot simultaneously define an enclosure and be located within that same enclosure. The claims recite a structural distinction between (i) an enclosure that encloses the battery stack and (ii) portions of flow paths positioned within that enclosure, and the office's interpretation of Mosso improperly ignores this distinction. See Becton, Dickinson and Co. v. Tyco Healthcare Group, 616 F.3d 1249, 1254 (Fed. Cir. 2010) ("Where a claim lists elements separately, the clear implication of the claim language is that those elements are distinct component[s] of the patented invention.") (emphasis added) (internal quotations and citations omitted)
Examiner respectfully disagrees
The flow path 44/42/40a-b/40g-h/12/14 does enclose the battery stack, a first portion of the first supply flow path/a second portion of the first supply flow path and a first portion of the first return flow path/a second portion of the first return flow path as claimed.
Mosso et al. discloses the external flow paths as loops transporting liquid electrolyte between separate tanks/pumps/stacks, it would be inherent to one of ordinary skill in the art that the liquid is contained within pipes or tubes.
The first supply path and first return path (44/42) are within some sort of tubing/piping/enclosure structure. Therefore as disclosed in the image below, because the flow paths and battery stacks are entirely contained between the flow path tubing the structure can be considered an enclosure. The flow paths themselves are not considered to be the enclosure, the piping/tubing that encloses the flow paths are considered to be the claimed enclosure.
PNG
media_image7.png
326
438
media_image7.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Faskin US 20180191005
THIS ACTION IS MADE FINAL. 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 KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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, Jonathan Leong can be reached at 571-270-1292. 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.
/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
Prosecution Insights