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 Rejections - 35 USC § 112
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.
Claim 15 is 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.
Claim 15 recites the limitation "the third supply flow path" in line 2. It is unclear if the “third flow path” disclosed in claim 15 is the same “third flow path” as disclosed in claim 17 or of there is another third flow path separate from the flow path disclosed in claim 17. Or if the “third flow path” of claim 15 is the “third length” disclosed in claim 14. For examination purposes, Examiner interprets the “third flow path” of both claim 17 and claim 15 to be the same.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 & 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]
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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).
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 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.
Conclusion
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.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751