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 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) 1-2, 5-6 , 10-11, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl et al. [WO2021111408A1], hereinafter Sandahl, in view of Ibaraki JP2014090782A, as provided on the IDS dated 3/7/2024, machine translation relied upon provided], hereinafter Ibaraki.
Regarding Claim 1 and 10, Sandahl discloses an energy management system (claim 10) comprising a storage system configured for use with an energy management system [Sandahl 0037-0115, Figs. 1-6 and throughout, vehicle system 100 as the energy management system with control panel 12 and all components managed by control panel 12 as the storage system (fire suppression system 10, bms 18, battery racks, and other control/monitoring features- see Figs. 1 and 2)], comprising:
a power source connected to the storage system (claim 10) [Sandahl 0040, vehicle 11 with mechanical energy of motor/engine 54 as the claimed power source is connected to control panel 12 as the storage system (fire suppression system 10, bms 18, battery racks, and other control/monitoring features- see Figs. 1 and 2) ]
an enclosure configured to house a battery [Sandahl 0037-0053 and throughout, Figs. 1-2, housing 17 of battery rack 16 as an enclosure for a battery cells 19];
a thermal device disposed within the enclosure and configured to detect when a predetermined temperature is reached within the enclosure [Sandahl 0049 and throughout, Sandahl discloses a temperature sensor 36 senses temperature in a housing of battery rack 16 or at any or all of cells 19. Thus, the broadest reasonable interpretation of Sandahl’s teaching is temperature sensors are placed at or near each of the cells 19, which would be considered within the enclosure 17 of each battery rack. Further, Sandahl teaches temperature sensors provide temperature measurement to control panel 12, which can generate alert/alarm signals, battery control signals, and/or fire suppression release signals. Thus, Sandahl meets the limitation.]; and
a nozzle connected to a cartridge comprising fire retardant material [Sandahl 0045-0046, 0049 and throughout, Sandahl teaches nozzles supplying fire suppressant agent from cartridges as a part of fire suppression apparatuses 20 [0045-0046]. Per Merriam-Webster online dictionary, the definition of retardant is serving or tending to retard. The definition of retard is to delay or impede the development of progress of; to slow up especially by preventing or hindering advance or accomplishment. The broadest reasonable interpretation of the claimed fire retardant material is that Sandahl’s fire suppressant meets the limitation since a suppressant serves the same functions, such as impeding a fire.] and to the thermal device [Sandahl 0045-0046, 0049-0054 and throughout, Sandahl teaches nozzles supplying fire suppressant agent from cartridges as a part of fire suppression apparatuses 20 [0045-0046] controlled by control panel 12, which uses the temperature from temperature sensor 36 to activate the fire suppression release [0049-0054].], wherein the fire retardant material is directed into the enclosure [Sandahl 0045] when the thermal device detects the predetermined temperature is reached within the enclosure [Sandahl 0002, 0045, 0049-0051 and throughout].
Sandahl discloses directing fire retardant material into the enclosure [Sandahl 0045] and discloses nozzles [Sandahl 0045, 0054, 0099, 0108] but does not explicitly teach wherein the nozzle is disposed on the enclosure 17. Since Sandahl teaches nozzles [Sandahl 0045 and throughout], directing fire suppressant onto battery cells 19 [Sandahl 0045 and throughout], and an enclosure 17 for battery rack 16 [Sandahl 0052 and throughout], it would have been obvious to one of ordinary skill in the art before the effective filing date to dispose Sandahl’s nozzles on the enclosure 17. Such modification would be obvious through MPEP 2144.04 VI C.
For purpose of compact prosecution, Ibaraki teaches a nozzle 50 disposed on housing 24/26 of battery module 18 [Ibaraki 0055, Figs. 2-7] where thermocouples 46 are attached inside the housing [Ibaraki 0058 and throughout, Fig. 5] to provide extinguishing agent into the battery module 18 [Ibaraki 0052-0055 and throughout]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Ibaraki’s teaching about fire extinguishing agent nozzle being disposed on the enclosure with Sandahl’s energy storage system/ energy management system as described above for the predictable result of a nozzle on an enclosure that can spray fire retardant onto the battery cells within the enclosure [Ibaraki 0013 and throughout, Sandahl 0045].
Regarding claims 2 and 11, modified Sandahl discloses the systems of claim 1 and claim 10 above, wherein the thermal device is at least one of a thermocouple, a thermostat, a thermistor, or a bimetallic strip [Sandahl 0049, Sandahl teaches a thermocouple, a thermally responsive member (thermostat), a thermistor, a resistance temperature detector, etc. and thus meets the limitation.].
Regarding claim 5 and 14, modified Sandahl discloses the systems of claim 1 and claim 10 above, further comprising a temperature sensor that is configured to detect when the predetermined temperature is reached within the enclosure [Sandahl 0054, 0072-0073, 0100-0102, and throughout, Sandahl teaches sensors 30 can be temperature sensors in communication with control panel 12 [0054, 0072] and that the sensor configured to activate the fire suppression apparatuses 20 at the battery racks 16 without activating fire suppression in other areas of the system [Sandahl 0073]. Further, Sandahl teaches an embodiment in Fig. 5 [Sandahl 0100-0102 and throughout] with temperature sensor 858 and controller 856 where the fire suppression system 800 is activated if a threshold temperature is reached supplying suppressant, which can be combined with the embodiment of claims 1 and 10. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Sandahl’s temperature sensor 858 embodiment as described above with the embodiment of claims 1 and/or 10 for the predictable result of suppression/extinguishing a fire in an energy management system [Sandahl 0100-0102 and throughout] and Sandahl further teaches these embodiments can be combined [Sandahl 0054].
Regarding claim 6 and 15, modified Sandahl discloses the systems of claim 5 and claim 14 above, wherein the temperature sensor is operably coupled to at least one of the cartridge, the thermal device, or the nozzle for confirming that the predetermined temperature is reached within the enclosure [Sandahl 0102 and throughout, Fig. 5, With the combination of the embodiment of Fig. 5 as described above, the broadest reasonable interpretation of Fig. 5 is the temperature sensor 858 is coupled to fire suppressant tank/cartridge 812/820 (through the cables 852 supporting actuator 830 and is further coupled to nozzles 842, which are coupled to the actuator 830 through hose 834, pipe 840, and neck 816], and wherein discharge of the fire retardant material is controlled by the temperature sensor [Sandahl 0092- 0102 and throughout, When temperature sensor 858 monitored by controller 856 determines the threshold temperature has been exceeded actuator 830 opens to provide fire suppressant [0102] to the battery racks 16 [0092] in enclosure 17 [0092]. Thus, the limitation is met.].
Claim(s) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl in view of Ibaraki as provided in claims 1 and 10 above, and in further view of Zhu WO2022109788A1, machine translation relied upon provided.
Regarding claims 3 and 12, modified Sandahl discloses the system of claim 1 and claim 10 and further teaches the fire suppressant can be a foam [Sandahl 0035, 0045, 0076-0077, 0088, 0093] but is silent to wherein the fire retardant material is at least one of silicone foam or polyurethane expanding foam. Zhu teaches the use of polyurethane expanding foam flame retardant in a battery storage system for a vehicle [Zhu 0004-0019, 0090, 0097, 0106, 0117 and throughout, Zhu teaches flame-retardant polyurethane in a tube that is sprayed into the battery casing, foaming to fill gaps, which meets the limitation of polyurethane expanding foam.]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Zhu’s teaching with modified Sandahl’s systems of claims 1 and 10 by selecting polyurethane expanding foam as the foaming retardant for Sandahl’s system configured for the use of foaming agents for the predictable result of a system for suppressing the spread of fire [Sandahl abstract and throughout; Zhu 0046 and throughout].
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl in view of Ibaraki as provided in claims 1 and 10 above, and in further view of Murray [US20220016459A1].
Regarding claims 4 and 13, modified Sandahl discloses the system of claim 1 and claim 10 but is silent to wherein the fire retardant material is made from class B foam. Murray teaches class B foams for use with battery fire hazards [Murray 0034-0042]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Murray’s teachings of using class B foams with modified Sandahl’s systems for the predictable result of improving the safety of modified Sandahl’s system [Murray 0041].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl in view of Ibaraki as provided in claims 1 and 10 above, and in further view of Gonda et al. US20220123402A1, hereinafter Gonda.
Regarding Claim 7, modified Sandahl discloses the storage system of claim 1 but is silent to wherein the enclosure is made from metal. Gonda teaches a metal enclosure 102 for housing a battery 10 [Gonda 0074 and throughout, Fig. 4]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Gonda’s teaching about metal enclosures for batteries to the enclosure for modified Sandahl’s systems for the predictable result of an enclosure configured to improve the safety of the storage system by preventing the spread of a battery rupture to the environment outside of the enclosure [Kim 0074 and throughout].
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl in view of Ibaraki as provided in claims 1 and 10 above, and in further view of Baeder et al. [US20220280823A1], hereinafter Baeder.
Regarding claims 8 and 16, modified Sandahl discloses the system of claim 1 and claim 10 above and teaches an embodiment where the cartridge can be refilled or replaced [Sandahl 0095] but does not explicitly teach wherein the cartridge is removably coupled to the enclosure for at least one of refilling or replacing. Baeder teaches wherein the cartridge is removably coupled to the enclosure for at least one of refilling or replacing [Baeder 0020-0022, 0033-0038 and throughout, Fig. 1, cartridge 32 coupled to enclosure 20 through coupling 24, 22 so that it can be replaced [0020, 0037] or refilled [0022].]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Baeder’s teachings with modified Sandahl’s systems of claim 1 and 10 for the predictable result of a system for a battery capable of having the fire retardant refilled or replaced after emptying or expiration of the cartridge [Baeder 0037].
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandahl in view of Ibaraki as provided in claims 1 and 10 above, and in further view of Kim et al. WO2022085971A1, US20230216138A1 relied upon for translation, hereinafter Kim.
Regarding claim 9 and 17, modified Sandahl discloses the system of claim 1 and claim 10 where the temperature in the enclosures is collected prior to, during, and after a predetermined temperature is reached [Sandahl 0069-0070, 0078-0079, 0102, and throughout] but is silent to further comprising a protective jacket that surrounds the enclosure and comprises a recording device configured to record data within the enclosure. Kim teaches a storage system 100 with a protective jacket 120 [Kim 0054-0060] that surrounds enclosures 110 configured to house batteries [Kim Fig. 1] and a control unit 130 that measures current, voltage, temperature and the like of the battery module 110 and transmits the data to data recording unit 142 of a data storage unit 140, which reads on claimed recording device [Kim 0054- 0060, Fig. 1]. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Kim’s teachings as described with modified Sandahl’s systems of claims 1 and 10 for the predictable result of a system configured to protect recorded data from a battery module [Kim 0039 and throughout] such as lifespan, state of charge, current, voltage, temperature, etc. [Kim 0058 and throughout] or to, during, and after a predetermined temperature is reached [Sandahl 0069-0070, 0078-0079, 0102, and throughout].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. T. LEONARD whose telephone number is (571)270-1681. The examiner can normally be reached Monday, Wednesday, Thursday 9:00-5:00 EST.
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/M. T. LEONARD/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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