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 .
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.
Election/Restrictions
Claims 9 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 May 2026.
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) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s cited prior art reference CN 210572642U to Zhang et al. Zhang et al. disclose an open-air battery emissions dilution and sampling system (see entire reference and English translation); a sample accumulator/hood (5) defining a funneled cavity (see Fig. 2) having an open end exposed to ambient dilution air and inherently configured to capture and dilute, with the ambient dilution air, emissions/smoke from a battery/battery box (13) and experiencing thermal runaway/deflagration, to form diluted exhaust, a positive displacement pump or blower/exhaust fan (see para 0011); and tubing/exhaust pipe (6), defining at least one port (701, 801), attached between an outlet of the sample accumulator/hood and the positive displacement pump/exhaust fan or blower such that the operation of the positive displacement pump/exhaust fan creates suction within the funneled cavity to draw the ambient dilution air into the funneled cavity and move the diluted exhaust through the tubing/exhaust pipe (meeting the majority of limitations recited in instant independent claim 1); at least one sample probe (702-704, 802-804) inserted into the at least one port (as recited in instant dependent claim 3); at least one analyzer (704) connected with the at least one sample probe (as recited in instant dependent claim 4); wherein the at least one analyzer is inherently configured to measure samples from the at least one sample probe before and after the battery experiences thermal runaway/deflagration (as recited in instant dependent claim 5). Zhang et al. does not explicitly disclose the battery/battery box at least partially disposed within the funneled cavity, as recited in instant independent claim 1. However, it would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the open-air battery emissions dilution and sampling system disclosed by Zhang et al., to reposition the funneled cavity to have the battery at least partially disposed within the funneled cavity, or to any other location relative to the battery/battery box to ensure capture of substantially all exhaust gases escaping from the battery/battery box experiencing thermal runaway/deflagration are captured by the funneled cavity to be subsequently measured, thus preventing the exhaust gases from partially escaping into the surrounding ambient environment, which could be potentially dangerous to individuals in the environment, as well as ensuring all diluted gas concentrations are consistent to be measured and tested. In addition, the instant filed specification fails to disclose any particular scientific or engineering design reasons for the battery to be at least partially disposed within the funneled cavity, that is solves any particular design problem/issue, and it appears the open-air battery emissions dilution and sampling system disclosed by Zhang et al. will function equally as well in ensuring ambient air will be entrained with the exhaust gases from the battery to form the diluted exhaust to be measured and tested by the analyzer.
Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s cited prior art reference CN 210572642U to Zhang et al. as applied to claim 1 above, and further in view of U.S. 2014/0250976 to Miyai. Zhang et al. disclose an open-air battery emissions dilution and sampling system having all of the elements recited previously. Zhang et al. do not explicitly disclose a heater surrounding the tubing and the at least one port, and configured to heat the diluted exhaust to suppress condensation of the diluted exhaust (as recited in instant dependent claim 2) or a valve arranged with the tubing and configured to throttle a flow rate of the diluted gas through the tubing (as recited in instant dependent claim 7). Miyai disclose an exhaust gas emissions dilution and sampling system (see entire reference) employing a blower/suction pump (62) (see para 0027) fluidically connected to tubing having two ports with flow paths (SL1, SL2) to transport the diluted exhaust gas, wherein flow path (SL1) carrying the diluted exhaust gas emissions is heated by an external heater or the like (see para 0029), and a valve (7) is employed for controlling/throttling a gas flow rate through tubing portions (see para 0030). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the open-air battery emissions dilution and sampling system disclosed by Zhang et al., by employing heater surrounding the tubing and the at least one port, as taught by Miyai, so that the open-air battery emissions dilution and sampling system is configured to prevent moisture contained in the diluted exhaust gas emission from being condensed (see para 0029), affecting the measurement results of an analyzer, since some emission components of the gas are moisture influenced (see para 0037), as well as a valve for controlling/throttling the flow rate of the diluted exhaust gas in the tubing during testing, thus meeting the limitations recited in instant dependent claims 2 and 7.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s cited prior art reference CN 210572642U to Zhang et al. as applied to claim 1 above, and further in view of U.S. 5,184,501 to Lewis et al. Zhang et al. disclose an open-air battery emissions dilution and sampling system having all of the elements recited previously. Zhang et al. do not explicitly disclose a valve arranged with the tubing and configured to throttle a flow rate of the diluted gas through the tubing (as recited in instant dependent claim 7) or that the displacement pump or blower is a variable positive displacement pump or variable blower (as recited in instant dependent claim 8). Lewis et al. disclose an exhaust emissions and sampling system (see entire reference) sharing many of the elements of the system disclosed by Zhang et al. including sampling exhaust emissions to form a diluted exhaust and tubing with at least one sampling port (32,33) employing a positive displacement pump (23) and a controller (28) to control a valve (29) arranged on the tubing to throttle/adjust a flow rate of the diluted exhaust through the tubing (see col. 5, lines 4-23) and wherein the positive displacement pump is a variable positive displacement pump (see col. 5, lines 55-65, and claim 13 of Lewis et al.). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the open-air battery emissions dilution and sampling system disclosed by Zhang et al., by employing a valve arranged on the tubing to throttle/adjust the flow rate of the diluted gas through the tubing and a variable positive displacement pump/blower and/or a throttling valve, as taught by Lewis et al., thus providing means to control the flow rate of the dilution exhaust to perform measurements (see col. 1, lines 10-11) allowing for a wide variety of flow rates to be selected and controlled between or during test phases, as well as constant flow rate operating modes which provides a constant dilution ratio with changing flow rates (see col. 2, lines 16-28), thus meeting all limitations recited in instant dependent claims 7 and 8.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s cited prior art reference CN 210572642U to Zhang et al. as applied to claim 1 above, and further in view of U.S. 6,318,150 to Temple. Zhang et al. disclose an open-air battery emissions dilution and sampling system having all of the elements recited previously. Zhang et al. do not explicitly disclose the system further including a controller programmed to initiate operation of the positive displacement pump or blower prior to the battery/battery box experiencing thermal runaway/deflagration (as recited in instant dependent claim 6). Temple discloses a system for sampling combustion gases (see entire reference) employing a controller (54) programmed to control operations of the system; wherein a gas analyzer/sensor (26) is used to measure the concentration of carbon dioxide in supply of ambient air (20), and wherein a baseline or ambient concentration is measured when heat exchanger (12) is “cold,” prior to the onset of furnace combustion (see col. 4, lines 47-51). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the open-air battery emissions dilution and sampling system disclosed by Zhang et al., to have a controller programmed to initiate operation of the positive displacement pump or blower prior to the battery/battery box experiencing thermal runaway/deflagration, as taught by Temple, so when measurements are made when the battery/battery box experiences thermal runaway/deflagration, they can be compared to the baseline or ambient air concentration, and that one can infer the increase is attributable to emissions due to thermal runaway/deflagration (see col. 4, lines 62-67), thus meeting all the limitations recited in instant dependent claim 6.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s cited prior art reference CN 210572642U to Zhang et al. as applied to claim 1 above, and further in view of U.S. 2004/0060341 to McGee et al. Zhang et al. disclose an open-air battery emissions dilution and sampling system having all of the elements recited previously. Zhang et al. do not explicitly disclose the system further including a controller programmed to initiate operation of the positive displacement pump or blower prior to the battery/battery box experiencing thermal runaway/deflagration (as recited in instant dependent claim 6). McGee et al. disclose an exhaust gas analyzer in a system for collecting exhaust gas emissions (see entire reference) wherein a probe (902) is located near an exhaust system and tubing (904) and a pump (914), wherein a solenoid (912) is employed to allow ambient air (i.e. without the sampled exhaust gases) to flow to sensors (925, 928, 930), thus allowing them to reset to zero, so that a live reading (i.e. actual exhaust gases being measured by the sensors) function can occur (see para 0051). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the open-air battery emissions dilution and sampling system disclosed by Zhang et al., to further have a controller programmed to initiate measurements prior to the battery/battery box experiencing thermal runaway/deflagration, so that baseline measurements can be made and so that the analyzer (i.e. sensors) measuring the diluted exhaust gas will be accurate (see para 0051), thus meeting the limitations recited in instant dependent claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, in particular, U.S. 7,357,043 to Cumming et al. and U.S. 7,594,422 to Perry et al. among other reference cited on the attached PTO 892 form disclose objects to be tested partially disposed within funnel-like systems also employing fans/blowers. Applicant is invited to review PTO form 892 accompanying this Office Action listing other Prior Art relevant to the instant invention cited by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner John Fitzgerald whose telephone number is (571) 272-2843. The examiner can normally be reached on Monday-Friday from 7:00 AM to 3:30 PM E.S.T. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor John Breene, can be reached at telephone number (571) 272-4107. 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. The central 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.
/JOHN FITZGERALD/Primary Examiner, Art Unit 2855
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