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 .
Response to Amendment
The response filed on April 9, 2026 is acknowledged.
Election/Restrictions
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Fire Extinguishing Equipment Species X, First Mounting Base Species I and Battery Pack Species III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on January 13, 2026. Claim 11 recites a second mounting base, which is element 60 shown in the non-elected Species XIV, Figure 7A.
Applicant's election with traverse of Fire Extinguishing Equipment Species X, First Mounting Base Species I and Battery Pack Species III in the reply filed on January 13, 2026 is acknowledged. The traversal is on the ground(s) that the Examiner has failed to identify the mutually exclusiveness of the Species. This is not found persuasive because the Examiner has clearly listed the corresponding figure/s of all of the three different groups of Species, namely the Fire Extinguishing Equipment Species, First Mounting Base Species and Battery Pack Species. None of the figures listed are showing different view or perspective of a same device. All of the identified figures/Species show different devices that are different from one another. For example, Figure 1A shows that the entirety of the second chamber 20 is disposed within the first chamber 10. Figure 1B shows only part or top portion of the second chamber 20 is disposed within the first chamber 10. Figure 2A shows only part or top portion of the second chamber 20 is disposed within the first chamber 10 and the second chamber 20 is secure by a first mounting base 50 to the first chamber 10 and so on so forth. These are the mutual exclusiveness of the Species. See MPEP § 806.04(f).
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore:
the pressure relief opening is a first pressure relief film as recited in claim 3. The first pressure relief film is not shown in the elected Fig. 5C; and
the second chamber further comprises a first sealing ring and a first connecting piece; two opposite sides of the first sealing ring are respectively in contact with the first pressure relief film and a second part; and the first connecting piece is located on a side the first pressure relief film that is away from the first sealing ring as recited in claim 4. Reference numbers 23, 28, 25 and 27 are all appears to be pointing to a same element in the elected Fig. 5C must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 3, 9 and 16-19 are 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 3 recites “the pressure relief opening is a first pressure relief film.” It is unclear how a film is an opening? Is the Applicant trying to claim the opening defined or formed by the film or the opening is the film? Clarification is respectfully requested.
The terms “chamber structure” in claim 9 is a relative term which renders the claim indefinite. The terms “chamber structure” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The exact size, shape, volume and geometry needed to meet the claim limitation is not known. For the purpose of examination, the limitation or terms will be interpreted, as further recited in the claim as an “opening.”
The limitation “…comprises a first sealing ring…,” in line 17 of claim 16, rendering the claim indefinite because it is unclear if the limitation refers to the “second chamber comprises a first sealing ring…” or the “energy storage system comprises a first sealing ring…?” Clarification is respectfully requested. Same rejection applies to line 8 of claim 19.
Claim Rejections - 35 USC § 102
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 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) 1-10, 13-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 张少禹 et al. (CN107320871. Zhang hereinafter. See English translation by Google Patents previously attached).
With respect to claim 1, Zhang discloses a battery pack (Figs. 1-3), comprising: fire extinguishing equipment (Fig. 1) and at least one cell (in 9), wherein, the fire extinguishing equipment comprises: a first chamber (1) comprising a discharge opening (at 302), wherein the first chamber stores a fire extinguishing chemical agent (2); a second chamber (containing 6) comprising a pressure relief opening (capped by 503 and 506 and covered by the aluminum film coating technology. Second paragraph under “Contents of the invention” and page 3, lines 43-44), wherein the pressure relief opening is in communication with the first chamber, and the second chamber stores a gas-generating chemical agent (6); wherein the second chamber having a first side wall (506 and aluminum film), a second side wall (503 and the element above) in opposite side of the first side wall, and the pressure relief opening is on the first side wall; and an activation line (connecting 504, 505), extending (from 504, 505) into the second chamber and being in contact with the gas-generating chemical agent, wherein the activation line is configured to (capable of) ignite the gas-generating chemical agent to generate gas, the pressure relief opening is configured to (capable of) spray the gas in the second chamber to the first chamber (via opening capped by 506), and the discharge opening is configured to (capable of) discharge the fire extinguishing chemical agent in the first chamber after the gas enters the first chamber; and the at least one cell is configured to (capable of) supply power, and the fire extinguishing equipment is configured to (capable of) discharge a fire extinguishing chemical agent when the battery pack catches fire; wherein the second chamber further comprises a first sealing ring (unmarked ring surrounding 506 and aluminum film) placed at the first side wall and a first sealing piece (unmarked piece above 503) at the second side wall.
With respect to claim 2, Zhang discloses wherein at least a part of the second chamber is disposed in the first chamber, and the pressure relief opening (capped by 506) is located in the first chamber.
With respect to claim 3, Zhang discloses the battery pack according to claim 1, wherein the pressure relief opening is (covered by) a first pressure relief film (aluminum film coating technology. the components in the driving chamber 501 and the gas generating agent 6 are completely covered, so that they are effectively isolated from the gas fire extinguishing agent 2. Page 3, lines 43-44).
With respect to claim 4, Zhang discloses the battery pack according to claim 1, wherein two opposite (upper and lower) sides of the first sealing ring are respectively in contact with the first pressure relief film and a second part (5); and the first connecting piece is located on a (under) side the first pressure relief film that is away from the first sealing ring, and the first connecting piece is fastened to the second chamber (Fig. 1).
With respect to claim 5, Zhang discloses the battery pack according to claim 1, wherein the gas-generating chemical agent is located between the first sealing piece and a first side wall (defined by 506) of the second chamber, and the activation line extends into the second chamber from the second side wall (defined by a cap above 503) of the second chamber and passes through the first sealing piece to be in contact with the gas-generating chemical agent.
With respect to claim 6, Zhang discloses the battery pack according to claim 1, wherein the activation line extends into the second chamber from a second side wall (defined by an unmarked cap above 503) of the second chamber.
With respect to claim 7, Zhang discloses the wherein the second chamber is fastened (secured) to the first chamber.
With respect to claim 8, Zhang discloses the battery pack according to claim 7, wherein the fire extinguishing equipment further comprises a first mounting base (unmarked element defining an opening that surrounds the unmarked cap above 503), and the first mounting base is disposed outside the first chamber and is fastened (secured) to the first chamber; and the second chamber extends out of the first chamber and is fastened to the first mounting base (same configuration as the Applicant’s invention).
With respect to claim 9, Zhang discloses the battery pack according to claim 8, wherein the first mounting base is a chamber structure with an opening (defined by the unmarked element that surrounds the unmarked cap above 503); and the opening of the first mounting base faces the first chamber, the second chamber extends into (in the direction of) the first mounting base, and the activation line passes through a chamber bottom of the first mounting base (Fig. 1).
With respect to claim 10, Zhang discloses the battery pack according to claim 8, wherein the first mounting base and the discharge opening are located on a same (diagonally top right) side of the first chamber (Fig. 1).
With respect to claim 13, Zhang discloses the fire extinguishing equipment according to claim 1, wherein the activation line comprises at least one of a thermosensitive cable (in thermosensitive switch) or an igniter (7).
With respect to claim 14, Zhang discloses the battery pack according to claim 1, wherein the battery pack further comprises a detector (7, 8), and the detector is configured to (capable of) output a signal (explosion or activation as shown in Fig. 3) when an environment of the battery pack is abnormal.
With respect to claim 15, Zhang discloses the battery pack according to claim 14, wherein the battery pack further comprises a battery management unit (7, 8, 9, 504, 503 and the connecting wires) connected to an activation line (the connecting wires) in the fire extinguishing equipment and the battery management unit is configured to (capable of) ignite the activation line.
With respect to claim 16, Zhang discloses an energy storage system (Figs. 1-3), comprising: at least one battery pack (in 9), a control unit (control center, 7, 8, 9, 504, 503 and the connecting wires), and a flame detector (7, 8), wherein the control unit (at least the control center. Page 3, third paragraph and Fig. 3) is separately connected to the at least one battery pack and the flame detector; the at least one battery pack comprises: a fire extinguishing equipment (Fig. 1) and (connected to) at least one cell, wherein, the fire extinguishing equipment comprises: a first chamber (1) comprising a discharge opening (at 302), wherein the first chamber stores a fire extinguishing chemical agent (2); a second chamber (containing 6) comprising a pressure relief opening (capped by 503 and 506 and covered by the aluminum film coating technology. Second paragraph under “Contents of the invention” and page 3, lines 43-44), wherein the pressure relief opening is in communication with the first chamber, and the second chamber stores a gas-generating chemical agent (6); wherein the second chamber having a first side wall (506 and aluminum film), a second side wall (503 and the element above) in opposite side of the first side wall, and the pressure relief opening is on the first side wall; comprises a first sealing ring (unmarked ring surrounding 506 and aluminum film) at the first side wall and a first sealing piece (unmarked piece above 503) at the second side wall; and an activation line (connecting 504, 505) extending (from 504, 505) into the second chamber and being in contact with the gas-generating chemical agent, wherein the activation line is configured to (capable of) ignite the gas-generating chemical agent to generate gas, the pressure relief opening is configured to (capable of) spray the gas in the second chamber to the first chamber (via opening capped by 506), and the discharge opening is configured to (capable of) discharge the fire extinguishing chemical agent in the first chamber after the gas enters the first chamber; the cell is configured to (capable of) supply power, and the fire extinguishing equipment is configured to (capable of) discharge a fire extinguishing chemical agent when the at least one battery pack catches fire; and the control unit is configured to (capable of) control the flame detector to start when a signal (explosion or activation as shown in Fig. 3) of the detector is received, the flame detector is configured to (capable of) output a signal (via 505, 504) to the control unit when an open flame is detected, and the control unit controls an activation line to ignite (Fig. 3).
With respect to claim 17, Zhang discloses the energy storage system according to claim 16, wherein the control unit is configured to (capable of) output a control signal (via the feedback device 505) to a battery management unit, to control the battery management unit to ignite the activation line.
With respect to claim 19, Zhang discloses a fire extinguishing equipment (Figs. 1-3), comprising: a first chamber (1) comprising a discharge opening (at 302), wherein the first chamber stores a fire extinguishing chemical agent (2); a second chamber (containing 6) comprising a pressure relief opening (capped by 503 and 506 and covered by the aluminum film coating technology. Second paragraph under “Contents of the invention” and page 3, lines 43-44), wherein the pressure relief opening is in communication with the first chamber, and the second chamber stores a gas-generating chemical agent (6); wherein the second chamber having a first side wall (506 and aluminum film), a second side wall (503 and the element above) in opposite side of the first side wall, and the pressure relief opening is on the first side wall; comprises a first sealing ring (unmarked ring surrounding 506 and aluminum film) at the first side wall and a first sealing piece (unmarked piece above 503) at the second side wall; and an activation line (connecting 504, 505), extending (from 504, 505) into the second chamber and in contact with the gas-generating chemical agent, wherein the activation line is configured to (capable of) ignite the gas-generating chemical agent to generate gas, the pressure relief opening is configured to (capable of) spray the gas in the second chamber to the first chamber, and the discharge opening is configured to (capable of) discharge the fire extinguishing chemical agent in the first chamber after the gas enters the first chamber (Fig. 3).
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.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of McSheffrey et al. (US 20040065451. McSheffrey hereinafter).
With respect to claim 18, Zhang discloses the energy storage system according to claim 16. Zhang fails to disclose wherein the energy storage system further comprises an auxiliary power supply; the auxiliary power supply is connected to the control unit and the activation line; and the control unit is configured to output a control signal to the auxiliary power supply, to control the auxiliary power supply to ignite the activation line.
However, McSheffrey teaches a fire alarm and suppression system (Figs. 1-11), wherein the system further comprises an auxiliary power supply ([0035]); the auxiliary power supply is connected to a control unit (26) and an activation line (Fig. 1); and the control unit is configured to (capable of) output a control signal to the auxiliary power supply, to control the auxiliary power supply to ignite the activation line (when primary electrical service is disrupted. [0035]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of adding an auxiliary power supply to the system, as taught by McSheffrey, to Zhang’s system, in order to provide continuous system service when primary electrical service is disrupted ([0035]).
Response to Arguments
Applicant's arguments filed on April 9, 2026 have been fully considered but they are not persuasive.
With respect to the drawing objections, items (a) and (b) the Applicant argues that paragraph [0150] discloses "The first part 25 is the pressure relief opening" and Fig. 5D and paragraph [0161] shows the first pressure relief film 25. It should be noted that Fig. 5D is a non-elected Species in the Requirement for Restriction/Election dated 11/12/2025 and is withdrawn from consideration pursuant to 37 CFR 1.142(b).
With respect to the 35 U.S.C. 102(a)(1) rejections anticipated by Zhang, the Applicant argues that Zhang fails to disclose the amended limitations in claims 1, 16 and 19. The applicant’s argument has been considered but is moot due to the new interpretation of the Zhang reference. The first side wall is now being interpreted as “element 506 and aluminum film;” the second side wall is now being interpreted as “element 503 and the element above 503;” the first sealing ring is now being interpreted as “unmarked ring surrounding 506 and aluminum film” and the first sealing piece is now being interpreted as “unmarked piece above 503.” See revised rejection elaborated above.
Conclusion
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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 May 9, 2026
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