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 .
Status of the Claims
The claims submitted 01/17/2024 have been entered and fully considered. Claims 1-15 are pending and examined herein.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
cooling unit in claim 1,
guide unit in claim 1, and
fixing member in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 13 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 limitation “fixing member” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraphs [0090]-[0092] of the specification as filed discuss the fixing member(s) 211. However, the specification is silent regarding any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 13 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 13 recites the limitation “the battery module” in line 3. There is insufficient antecedent basis for this limitation in the claim. While it is noted that claim 1 recites “a plurality of battery modules,” it is unclear if the fixing member prevents separation of only a single battery module or all of the plurality of battery modules. For the purpose of this Office action, the limitation will be treated as referring to one of the plurality of battery modules.
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.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0077467 A1 (“Kronke”).
Regarding claim 1, Kronke discloses a modular energy storage system 100 (Abstract; Fig. 1) comprising a lower housing 110 and an upper housing 120 (collectively the “housing”) having an internal space ([0026]); a plurality of energy storage devices 200 (“battery modules”) accommodated in the internal space ([0027]); two pairs of door assemblies 130 (“door portion”) coupled to the housing in such a manner as to be openable or closable ([0028]); a cooling device 131 (“cooling unit”) configured to supply a refrigerant, such as cooling air, to the internal space (Fig. 2; [0032]-[0034]); and an air return duct 136 (“guide unit”) disposed on one side or the cooling device 131 to guide a flow path of the refrigerant (Figs. 2-4; [0039], [0044]).
Regarding claim 2, Kronke discloses the energy storage system of claim 1. As shown in Fig. 4, the air return duct 136 (“guide unit”) is disposed between the cooling device 131 (“cooling unit”) and the plurality of energy storage devices 200 (“battery modules”).
Regarding claim 3, Kronke discloses the energy storage system of claim 1. As shown in Fig. 4, the cooling device 131 (“cooling unit”) and the plurality of energy storage devices 200 (“battery modules”) oppose in a first direction (i.e. are disposed along a first direction, horizontally as in Fig. 4). The air return duct 136 (“guide unit”) is disposed to be inclined with respect to the first direction (see annotated portion of Fig. 4 below).
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Annotated portion of Fig. 4 of Kronke
Regarding claim 4, Kronke discloses the energy storage system of claim 3. The cooling device 131 (“cooling unit”) comprises an air outlet 131d, openings 132a, and openings 133a (each corresponding to the “discharge portion”) configured to discharge the refrigerant into the internal space; and an air return inlet 131c and openings 132b (each corresponding to the “suction portion”) configured to suction the refrigerant (Figs. 2, 3; [0033]-[0034], [0038]-[0039]).
Regarding claim 5, Kronke discloses the energy storage system of claim 4. As shown in Figs. 2 and 3, the air outlet 131d, openings 132a, and openings 133a (“discharge portion”) and the air return inlet 131c and openings 132b (“suction portion”) are disposed on an internal side of the door assemblies 130 (“door portion”), and the discharge portion is disposed below the suction portion.
Regarding claim 6, Kronke discloses the energy storage system of claim 5. As shown in Figs 2-4, the air outlet 131d, openings 132a, and openings 133a (“discharge portion”) face the plurality of energy storage devices 200 (“battery modules”), and the air return inlet 131c and openings 132b (“suction portion”) face the air return duct 136 (“guide unit”).
Regarding claim 7, Kronke discloses the energy storage system of claim 4. As shown in Figs. 2-4, one surface of the air return duct 136 (“guide unit”) faces the air return inlet 131c and openings 132b (“suction portion”) and the other surface, opposite to the one surface, faces at least a portion of the plurality of energy storage devices 200 (“battery modules”).
Regarding claim 8, Kronke discloses the energy storage system of claim 4. As shown in the annotated portion of Fig. 3 below, Kronke discloses one edge of the air return duct 136 (“guide unit”) is disposed between the air outlet 131d, openings 132a, and openings 133a (“discharge portion”) and the air return inlet 131c and openings 132b (“suction portion”).
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Annotated portion of Fig. 3 of Kronke
Regarding claim 9, Kronke discloses the energy storage system of claim 8. As shown in the annotated portion of Fig. 3 above, a partition is disposed on an internal side of the door assemblies 130 (“door portion”) and an end portion of the partition in the first direction is adjacent to the one edge of the air return duct 136 (“guide unit”).
Regarding claim 10, Kronke discloses the energy storage system of claim 9. The partition is disposed on both sides of the cooling device 131 (“cooling unit”), that is in a vertical plane centered at the air return duct 136, air return inlet 131c, and openings 132b, the partition is disposed on the left and right sides of the plane (Figs. 2 and 3).
Regarding claim 11, Kronke discloses the energy storage system of claim 1. The modular energy storage system 100 further comprises longitudinal members 110c (“top frame”) disposed on top of the plurality of energy storage devices 200 (“battery modules”), wherein a separation space is formed between the longitudinal members 110c and a top portion of the upper housing 120 (Figs. 1, 4).
Regarding claim 12, Kronke discloses the energy storage system of claim 11. As shown in the annotated Fig. 3 below, a first edge of the air return duct 136 (“guide unit”) is adjacent to the cooling device 131 (“cooling unit”) and a second edge, opposite to the first edge, is adjacent to the longitudinal members 110c (“top frame”). See also Figs. 1 and 4.
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Annotated portion of Fig. 3 of Kronke
Regarding claim 13, Kronke discloses the energy storage system of claim 1. The modular energy storage system 100 further comprises one or more racks 201 (“fixing member”) coupled to the lower housing 110 and upper housing 120 (“housing”) to prevent an energy storage device 200 (“battery module”) from being separated (Figs. 1, 4; [0027], [0030]).
Regarding claim 14, Kronke discloses the energy storage system of claim 1. The modular energy storage system 100 further comprises features to allow for lifting or transporting of the system via a forklift or other lifting/transporting apparatus ([0026]). As shown in Fig. 6, the features include a plurality of lifting holes provided in the housing.
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.
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0077467 A1 (“Kronke”) in view of CN 114039529 A (“Guan” – machine translation cited herein).
Regarding claim 15, Kronke discloses the energy storage system of claim 14. As shown in Fig. 6 of Kronke, the plurality of lifting holes comprises a plurality of second lifting holes disposed in a bottom portion of the lower housing 110.
Kronke does not expressly disclose a plurality of first lifting holes disposed in a top corner of the housing.
Guan discloses an energy storage device for energy storage photovoltaic power station (Abstract). The energy storage device comprises a cabinet body 1 housing a plurality of energy storage bodies 6 (Fig. 1). Each of the four corners of the upper part of the cabinet 1 is equipped with a hanging ring 19 (“plurality of first lifting holes”) ([0010], [0025]). The lifting rings facilitate the hoisting and transportation of the cabinet ([0012]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the hanging rings taught by Guan to facilitate the hoisting and transportation of the cabinet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 10 2015 202 602 A1 discloses a battery cabinet (100) having a battery chamber (90) with a battery rack (95), in operation, battery cell groups (10, 20, 30, 40, 50, 60) in a number of battery levels vertically with a vertical cell spacing (A) on top of each other and the individual cells are arranged at a horizontal distance, a battery cabinet door (80) for opening and in particular hermetically closing the battery chamber (90), a cooling system (70) disposed in the battery cabinet door (80) (Abstract; Figs. 1-3).
CN 212161902 U discloses a small energy storage battery cabinet, comprising a cabinet body and a cabinet door; the cabinet body is provided with a battery frame capable of placing a plurality of battery pack; the cabinet door is provided with a cooling device; an upper surface of battery frame 11 is provided with a guide air plate 112 for separating the top air duct 12 from the front air wall 14 (Abstract; Figs. 1, 2).
CN 114696008 A discloses an energy storage cabinet comprising a cabinet body, an active refrigerating device 2 for circulating gas in the refrigerating cabinet body (Abstract; Figs. 4, 5).
US 2023/0033839 A1 discloses an energy storage apparatus 300 comprising a plurality of battery modules 200 disposed within cabinet 10, and cyclic cooling units 30 disposed on cabinet doors 11 (Fig. 14).
CN 117673581 A discloses an energy storage cabinet comprising a shell 10, a plurality of battery modules 20, a heat dissipation module 30 including air conditioner 31 and air duct piece 32 set on a door body of the shell 10 (Figs. 1-4).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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