Prosecution Insights
Last updated: April 19, 2026
Application No. 18/358,893

ENERGY STORAGE DEVICE

Non-Final OA §103
Filed
Jul 25, 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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) 15-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zwinkels (EP3139108A1) in view of Khoo (WO2015085357A1) and Wu (US6330395). Regarding claim 15, Zwinkels teaches an energy storage apparatus (see Fig. 6, and Fig. 1, insofar as the same elements of Fig. 6 are not labeled) comprising: a sensible heat storage body (see one of heat storage units 110-320 w/ solid metal heat storage medium 113) thermally connected to a heating element (electrical heating means – 112) and a heat exchanger (heat exchanger 114) having an inlet and an outlet (respective inlet and outlet); an attemperation unit (see respective quench coolers 190-490) comprising a first-stage mixing chamber and optionally a second mixing chamber (see chamber(s) thereof, in which the fluids are “mixed together” – Page 2), wherein the attemperation unit is in fluid communication with the outlet of the heat exchanger for regulating the outlet temperature of the heat transfer medium to provide a regulated outlet temperature. Zwinkels 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 Zwinkels 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). Zwinkels does not teach the sensible heat storage body having a heat exchanger channel and a heating element channel adapted to receive a removable heating element, wherein the heating element channel is located internally of the sensible heat storage body; wherein at least a portion of the heat exchanger is disposed along the channel, a removable heating element disposed in the heating element channel. Wu teaches the sensible heat storage body (see Fig. 2-3) 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), wherein the heating element channel is located internally of the sensible heat storage body; wherein at least a portion of the heat exchanger (pipe 110) is disposed along the channel, a removable heating element (3) disposed in the heating element channel, in order to firmly retain the elements (Col. 1, lines 45-50) and efficiently conduct heat (Col. 3, lines 45-20). 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 Zwinkels to include the heat storage body with channels for the heating element and heat exchanger as taught by Wu, in order to firmly retain the elements (Col. 1, lines 45-50) and efficiently conduct heat (Col. 3, lines 45-20). Regarding claim 16, Zwinkels as modified teaches the limitations of claim 15, and Zwinkels further teaches the attemperation unit (quench coolers 190-490) is adapted to receive a stream of cooling liquid for regulating the outlet temperature of the heat transfer medium (via secondary lines 191-391). Regarding claim 17, Zwinkels as modified teaches the limitations of claim 16, and Zwinkels further teaches the attemperation unit comprises at least one flow valve for introducing the stream of cooling liquid to the attemperation unit (adjustable throttles 193-493). Regarding claim 18, Zwinkels as modified teaches the limitations of claim 17, and Zwinkels further teaches the flow valve is a fixed or variable flow valve (adjustable throttles 193-493, it is noted that Zwinkels also discloses wherein the throttle may be fixed, “fixed throttling” - see Page 3). Regarding claim 19, Zwinkels as modified teaches the limitations of claim 16, and Zwinkels further teaches the attemperation unit comprises an atomiser, a nozzle or an injector for introducing the stream of cooling liquid to the attemperation unit (see ends of secondary lines 191-391, which are not labeled, however, depict one of an atomizer, nozzle or injector of the quench cooler). Regarding claim 20, Zwinkels as modified teaches the limitations of claim 16, and Zwinkels further teaches the first-stage mixing chamber (chamber of 190/490) is in fluid communication with the outlet of the heat exchanger (110/130) to reduce the outlet temperature of the heat transfer medium to a regulated outlet temperature by mixing the heat transfer medium with a stream of cooling liquid (via 191) having a temperature below an initial outlet temperature in the first-stage mixing chamber; and further comprising a second-stage mixing chamber (chamber of 290) in fluid communication with the first mixing chamber to reduce the regulated outlet temperature to provide an application temperature by mixing the heat transfer medium and the stream of cooling liquid (via 291) in the second-stage mixing chamber. Regarding claim 21, Zwinkels as modified teaches the limitations of claim 20, and Zwinkels further teaches the first-stage mixing chamber (190/490) is proximal to the outlet of the heat exchanger (110/130), and the second-stage mixing chamber(290/390) is distal to the first-stage mixing chamber. Regarding claim 22, Zwinkels as modified further teaches an energy storage array comprising: a plurality of energy storage apparatus (heat storage units 110-320) according to claim 15. Regarding claim 23, Zwinkels as modified teaches the limitations of claim 22, and Zwinkels further teaches the energy storage array comprises at least one second-stage mixing chamber (chamber of 290) in fluid communication with at least one of the first-stage mixing chambers (chamber of 190) for reducing the regulated outlet temperature of the heat transfer medium to provide an application temperature by mixing the heat transfer medium and a stream of cooling liquid in the second-stage mixing chamber. Regarding claim 24, Zwinkels as modified teaches the limitations of claim 23, and Zwinkels further teaches the first-stage mixing chamber (190) is proximal to the outlet of the heat exchanger (110), and the second-stage mixing chamber (290) is distal to the first-stage mixing chamber. Regarding claim 25, Zwinkels as modified teaches the limitations of claim 24, and Zwinkels further teaches each energy storage apparatus comprises at least one first-stage mixing chamber (190 and/or 490) in fluid communication with the outlet of the heat exchanger of each energy storage apparatus; and wherein the energy storage array comprise one second-stage mixing chamber (290 and/or 390) in fluid communication with each first-stage mixing chambers. 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 25, 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

Patent 12603344
METHOD FOR COOLING BATTERY
2y 5m to grant Granted Apr 14, 2026
Patent 12578147
VARIED FLOW STACKED RADIATORS
2y 5m to grant Granted Mar 17, 2026
Patent 12578153
ATTACHMENT MEANS AND HEAT TRANSFER PLATE
2y 5m to grant Granted Mar 17, 2026
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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