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
Currently claims 1-20 are pending.
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:
Fire level determination unit in claims 1.
Control unit in claim 1.
Fire extinguishing unit in claims 1, 11, and 13.
Watering unit in claim 1, 11, and 13.
Ventilation unit in claim 1, 11, and 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. The noted air conditioning unit is understood as a term in the art for an air conditioner.
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 § 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) 1-4, and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MA (CN 110634262).
With respect to claims 1 and 11, MA discloses a fire monitoring apparatus for monitoring a fire in an energy storage system equipped with a plurality of battery modules (page 1 of the submitted translation, paragraph 1 “Fire early warning method for battery prefabricated cabin,” please note all specification citations will be by page and paragraph from the submitted translation), the fire monitoring apparatus comprising:
a fire level determination unit (page 2 paragraphs 3-5 and 10, fire detection and alarm system which includes the noted smoke detectors) configured to receive a smoke detection signal from a plurality of smoke sensors (page 2 paragraphs 4 and 10) provided inside the energy storage system (page 1 paragraph 3 and page 2 paragraph 2) and determine a fire level according to the a number the plurality of smoke sensors number of smoke sensors that detect the smoke (being one smoke detector detecting smoke to determine the level); and
a control unit (page 2 paragraph 1, the extinguishing system controller) configured to control an operation of at least one of an air conditioning unit, a fire extinguishing unit (as it controls the extinguishing system), a watering unit (page 2 paragraph 8, where a fine water mist is used, page 5 paragraph 5 discloses the use of a fine water mist nozzle and an external water source supply thereto) and a ventilation unit (page 5, paragraph 4, the noted electric fan) for the of the energy storage system as a fire suppression measure corresponding to the determined fire level (where a first stage activates the fan and a second stage activates the water mist, page 5 paragraphs 4-5). Claim 11 is understood as being the method claim whose limitations overlap with that of its copending apparatus claim, claim 1.
With respect to claim 2, Ma discloses the fire level determination unit is configured to: determine the fire level as a first level when the smoke is detected in only one of the plurality of smoke sensors (when smoke is detected by one of the noted smoke detectors and the gas detector reaches the first threshold, page 5 paragraph 4, page 2 paragraph 6 discloses when any smoke detector action detects the gas has reached the first threshold, such that only one has to detect it to start the first threshold), and determine the fire level as a second level when the smoke is detected in several smoke sensors among the plurality of smoke sensors (page 5 paragraph 4 and 5, when multiple smoke detectors detect smoke (such that multiple of them can at this point detect the smoke, page 4 paragraph 2 has at least one smoke detector, which is being understood as being more than one as well) and the gas has reached the second threshold).
With respect to claim 3, Ma discloses the control unit is configured to stop the operation of the air conditioning unit provided inside the energy storage system when the fire level is determined as the first level or the second level (taking the fan to be the air conditioning unit, the fan stops when the second threshold (second level) begins, see page 5).
With respect to claim 4, Ma discloses the fire level is determined as the second level (the noted second threshold), the control unit is configured to operate the fire extinguishing unit provided inside the energy storage system (the water mist nozzles, see page 5 paragraphs 4-5), so that a fire extinguishing agent contained inside the fire extinguishing unit is injected into the energy storage system (taken as the agent contained within the system and the pipes is injected into the system).
With respect to claim 12, Ma discloses in parallel to the smoke detection signal receiving step (where the smoke detector receives the signal, page 3 paragraphs 3-5), a ventilation controlling step of receiving a measured gas concentration from a gas sensor provided in the energy storage system (page 4 paragraphs 2-5), and controlling the operation of the air conditioning unit and the ventilation unit according to a result of comparing the measured gas concentration with a preset critical concentration (taking the venting fan to be the ventilation unit and the conduit about it as the air conditioning unit, which when the first threshold is utilized the fan turns on and the gas passes through then the air conditioning unit).
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.
Claim(s) 3, 9-10, 12, 13-15, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Klein (U.S. 2017/0372578).
With respect to claim 3, Ma discloses the control unit, the fire level and the second fire level, but fails to specifically disclose that it is configured to stop the operation of the air conditioning unit provided inside the energy storage system when the fire level is determined as the first level or the second level (the 102 rejection is being made as a broadest reasonable interpretation of “air conditioning unit).
Klein, paragraph 0015, discloses the use of air conditioning units associated with the rack (as they are well understood in the art for keeping the rack cooled) and that they are turned off so that the flow of air to the rack is diminished.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the system of Ma would have the air conditioning units of Klein and would have them turn off during a fire, so as to diminish the flow of air into the rack while also being able to cool the rack during normal operation.
With respect to claim 9, Ma discloses the control unit is configured to receive a measured gas concentration from a of gas sensor provided in the energy storage system (page 5, the combustible gas detector that detects the currently concentration of a combustible gas in the battery prefabricated compartment), and operate the ventilation unit to ventilate the energy storage system with an external air (as disclosed on page 5, with the vent fan when the measured gas concentration is above the first threshold). Ma fails to disclose that they stop the operation of the air conditioning unit provided inside the energy storage system when the measured gas concentration is equal to or greater than a preset critical concentration.
Klein, paragraph 0015, discloses the use of air conditioning units associated with the rack (as they are well understood in the art for keeping the rack cooled) and that they are turned off so that the flow of air to the rack is diminished.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the system of Ma would have the air conditioning units of Klein and would have them turn off during a fire, so as to diminish the flow of air into the rack while also being able to cool the rack during normal operation. The combination is understood that when the fire is detected the air conditioning unit (and anything bringing air into the system) is turned off and the vent fan is turned on.
With respect to claim 10, Ma discloses the fire extinguishing unit, watering unit, and the ventilation unit, but fails to disclose that the energy storage system includes the air conditioning unit.
Klein, paragraph 0015, discloses the use of air conditioning units associated with the rack (as they are well understood in the art for keeping the rack cooled) and that they are turned off so that the flow of air to the rack is diminished.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the system of Ma would have the air conditioning units of Klein and would have them turn off during a fire, so as to diminish the flow of air into the rack while also being able to cool the rack during normal operation.
With respect to claim 12, Ma discloses in parallel to the smoke detection signal receiving step (where the smoke detector receives the signal, page 3 paragraphs 3-5), a ventilation controlling step of receiving a measured gas concentration from a gas sensor provided in the energy storage system (page 4 paragraphs 2-5), and controlling the operation of the ventilation unit according to a result of comparing the measured gas concentration with a preset critical concentration (taking the venting fan to be the ventilation unit, which when the first threshold is utilized the fan turns on and the gas passes through). Ma fails to disclose controlling the operation of the air conditioning unit according to a result of comparing the measured gas concentration with a preset critical concentration.
Klein, paragraph 0015, discloses the use of air conditioning units associated with the rack (as they are well understood in the art for keeping the rack cooled) and that they are turned off so that the flow of air to the rack is diminished.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the system of Ma would have the air conditioning units of Klein and would have them turn off during a fire, so as to diminish the flow of air into the rack while also being able to cool the rack during normal operation. The combination is understood that the air conditioning unit would turn off when the first threshold is reached (the indication of a fire).
With respect to claim 13, Ma discloses a fire monitoring system (page 1 paragraph 1), comprising:
an energy storage system (page 1 paragraph 3) including:
a battery module (page 1, paragraph 5),
a plurality of smoke sensors configured to detect smoke generated inside the energy storage system (2 paragraph 3);
a watering unit (fine mist nozzles and conduit within the system) configured to store a fire extinguishing fluid (fluid stored within the conduit leading to the nozzles within the system); and
a ventilation unit (electric fan, page 2 paragraph 6) configured to introduce external air into the energy storage system; and
a fire monitoring apparatus (the extinguishing system controller, page 2 paragraphs 1-5) configured to: receive a smoke detection signal from the plurality of smoke sensors (page 2 paragraphs 3-5), determine a fire level according to a number the plurality of smoke sensors of that detect the smoke (as the inclusion of any smoke detector would indicate that there is a fire), and control an operation of at least one of the air conditioning unit, the watering unit and the ventilation unit (the fan being turned on at the first level/threshold, page 4 paragraph 4) as a fire suppression measure based on the determined fire level (when the first threshold is reached). Ma fails to disclose an air conditioning unit configured to circulate air inside the energy storage system.
Klein, paragraph 0015, discloses the use of air conditioning units associated with the rack (as they are well understood in the art for keeping the rack cooled) and that they are turned off so that the flow of air to the rack is diminished.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the system of Ma would have the air conditioning units of Klein and would have them turn off during a fire, so as to diminish the flow of air into the rack while also being able to cool the rack during normal operation.
With respect to claim 14, Ma as modified discloses the fire monitoring apparatus is configured to: determine the fire level as a first level when the smoke is detected in only one of the plurality of smoke sensors (as shown in the rejection of claim 2), and determine the fire level as a second level when the smoke is detected in several smoke sensors among the plurality of smoke sensors (as shown in the rejection of claim 2).
With respect to claim 15, Ma discloses in response to the fire level being the first level, the fire monitoring apparatus is configured to stop operation of the air condition unit (as shown in the rejection of claim 13, where it was taught that the air conditioning unit would stop to not introduce any more air into the system), and wherein in response to the first level being the second level, the fire monitoring apparatus is configured to operate the watering unit (as shown in page 4 paragraphs 4-5).
With respect to claim 19, Ma discloses the energy storage system further includes a gas sensor page 5, the combustible gas detector that detects the currently concentration of a combustible gas in the battery prefabricated compartment), configured to measure a gas concentration in the energy storage system (page 5).
With respect to claim 20, Ma as modified discloses the fire monitoring apparatus is further configured to: receive a measured gas concentration from the gas sensor (page 5, where the gas sensor senses the concentration at a first and second threshold), and in response to the measured gas concentration being equal to or greater than a preset critical concentration (first threshold, indicating a fire), stop the operation of the air conditioning unit (as the air conditioning unit is disclosed as being turned off when a fire is first detected, understood as being the first threshold) and operate the ventilation unit to ventilate the energy storage system with an external air (as the fan that vents air turns on at the first threshold).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of SKOSKIEWICZ (U.S. 2021/0077842).
With respect to claim 5, Ma discloses the watering unit is configured to be connected to each battery module included in the energy storage system through a pipeline, but fails to disclose being equipped with a respective bulb among a plurality of bulbs that is capable of being destroyed according to a temperature of the corresponding battery module to allow water to flow from the watering unit to the energy storage system, and wherein the control unit is configured to introduce the fire extinguishing fluid provided in the watering unit into the pipeline by operating the watering unit, when the fire level is determined as the second level.
Skoskiewicz discloses, paragraph 0024, the use of sprinklers (nozzles) and glass bulbs that break when the threshold temperature is reached. This allows the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the sprinklers and bulbs of Skoskiewicz into the system of Ma, where the activation of the watering unit at the second threshold of Ma (being the second level) would activate the sprinklers as well, since the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module, which allows them to be designed not at a general level but specifically for tor the battery chemistry of the battery cells within the battery module. Use of such sprinklers further reduces collateral damage to the remainder of the battery modules, battery racks, power conversion hardware, and the facility due to water or smoke damage (Skoskiewicz, paragraph 0010).
With respect to claim 6, Ma as modified discloses the fire extinguishing fluid is introduced into the pipeline by the watering unit and introduced into a respective one of the battery modules at which the respective bulb is destroyed due to an increase in temperature of the respective battery module (as disclosed in the above combination of Ma and Skoskiewicz).
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma and Klein as applied to claim15 above, and further in view of SKOSKIEWICZ.
With respect to claim 17, Ma as modified discloses a pipeline connecting the watering unit to the battery module (being the piping to the various nozzles); but fails to disclose a bulb provided in the pipeline adjacent to the battery module, the bulb being configured to break in response to a temperature of the battery module reaching a predetermined temperature to allow water to flow from the pipeline to the battery module.
Skoskiewicz discloses, paragraph 0024, the use of sprinklers (nozzles) and glass bulbs that break when the threshold temperature is reached. This allows the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the sprinklers and bulbs of Skoskiewicz into the system of Ma, where the activation of the watering unit at the second threshold of Ma (being the second level) would activate the sprinklers as well, since the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module, which allows them to be designed not at a general level but specifically for tor the battery chemistry of the battery cells within the battery module. Use of such sprinklers further reduces collateral damage to the remainder of the battery modules, battery racks, power conversion hardware, and the facility due to water or smoke damage (Skoskiewicz, paragraph 0010).
With respect to claim 18, Ma as modified discloses, the battery module is a first battery module among a plurality of battery modules of the energy storage system (as a multitude of modules exist within the system, being multiple batteries within the system, and multiple systems grouped together),
wherein the fire monitoring system further comprises: a pipeline connecting the watering unit to the plurality of battery modules (being the piping to the various nozzles); but fails to disclose a plurality of bulbs, each bulb provided in the pipeline adjacent to a respective one of the plurality of battery modules, and wherein each bulb is configured to break in response to a temperature of the respective battery module reaching a predetermined temperature to allow water to flow from the pipeline to the respective battery module.
Skoskiewicz discloses, paragraph 0024, the use of sprinklers (nozzles) and glass bulbs that break when the threshold temperature is reached. This allows the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the sprinklers and bulbs of Skoskiewicz into the system of Ma, where the activation of the watering unit at the second threshold of Ma (being the second level) would activate the sprinklers as well, since the threshold temperature range of the sealing mechanism can be designed and predetermined based on the battery chemistry of battery cells within battery module, which allows them to be designed not at a general level but specifically for tor the battery chemistry of the battery cells within the battery module. Use of such sprinklers further reduces collateral damage to the remainder of the battery modules, battery racks, power conversion hardware, and the facility due to water or smoke damage (Skoskiewicz, paragraph 0010).
Allowable Subject Matter
Claims 7-8 and 16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 7, the prior art fails to disclose “the control unit is configured to determine a water level of the fire extinguishing fluid provided in the watering unit, and operate the ventilation unit to ventilate the energy storage system with an external air, in response to when the determined water level being is-equal to or lower than a preset critical water level.” With respect to claim 8, the prior art fails to disclose “the control unit is configured to: determine a water level of the fire extinguishing fluid provided in the watering unit, judge determine that a battery fire occurs in the energy storage system when the determined water level is equal to or lower than a preset critical water level, and judge determined that an electrical fire occurs in the energy storage system when the determined water level exceeds the critical water level.” With respect to claim 16, the prior art fails to disclose “in response to operating the watering unit, the fire monitoring apparatus is configured to determine a water level of the water unit, and wherein in response to the water level being equal to or less than a critical water level, the fire monitoring apparatus is configured to operate the ventilation unit.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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, Arthur 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.
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.
/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
Prosecution Insights