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 Claims and Other Notes
Claims 1–17 are pending.
Claims 1–9 and 13–17 are being treated on their merits.
Claims 10–12 are withdrawn from consideration.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0258589 A1.
Election/Restrictions
Applicant is advised that the process claims have not been amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04.
Drawings
The drawings were received on 03 September 2026. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
The disclosure is objected to because of the following informalities:
Reference character 110 is referred to as a communication unit in paragraph [0042]. Reference character 110 is used to designate a measurement unit; and reference character 120 is used to designate a communication unit. Reference character 120 should be used to designate a communication unit in paragraph [0042].
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 17 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 17 recites the limitation “a first failure flag.” Claim 1, which claim 17 is indirectly dependent, recites the limitation “the failure flag.” It is unclear if “a first failure flag” recited in claim 17 is “the failure flag” recited in claim 1. If “a first failure flag” recited in claim 17 is “the failure flag” recited in claim 1, the number of failure flags required by claim 17 is at least three (i.e., a first failure flag, a second failure flag, a third failure flag). However if “a first failure flag” recited in claim 17 is not “the failure flag” recited in claim 1, the number of failure flags required by claim 17 is at least four (i.e., the failure flag, a first failure flag, a second failure flag, a third failure flag). Therefore, the number of failure flags required by claim 17 is unclear.
Allowable Subject Matter
Claims 1-9 and 13–16 allowed.
Claim 17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Takayama et al. (JP 2020-078183 A, hereinafter Takayama).
Takayama discloses an energy storage system (FIG. 6, [0040]) comprising a rack battery management system (BMS) (38) configured to output measurement data of a battery rack (26) including a plurality of battery cells (FIG. 1, [0013]); a communication conversion device (40) configured to receive the measurement data from the rack BMS (38), subject the measurement data to communication conversion, and outputs the measurement data (FIG. 7, [0041]); and a server (90) configured to receive the measurement data from the communication conversion device (40, [0041]), wherein the communication conversion device (40) is configured to store the measurement data according to activation of a failure flag (FIG. 2, [0025]), and wherein the rack BMS (38) is configured to activate the failure flag (FIG. 2, [0025]).
Takayama does not disclose, teach or suggest the following distinguishing feature:
An energy storage system comprising a rack battery management system (BMS) configured to output measurement data together with a failure flag of a battery rack.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bruna (WO 2019/077033 A1) discloses a communication conversion device is configured to overwrite previously stored measurement data when the failure flag is activated (see overwrite, [0049]).
Response to Arguments
Applicant’s arguments with respect to claim 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A Ridley can be reached at (571)272-1453. 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.
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
Prosecution Insights