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 .
Election/Restrictions
Applicant’s election without traverse of Species II, directed to Figs. 15-17, in the reply filed on March 26, 2026 is acknowledged.
No claim is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 26, 2026.
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: “receiving portion” in line 4 of claim 11, where “portion” is the placeholder and “receiving” is the functional language; and the “drain guide unit” in line 10 of claim 11, where “unit” is the placeholder and “drain guide” is the functional language.
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 Objections
Claim 1 objected to because of the following informalities: “fire fighting,” in line 6, should read --fire-fighting.-- Same objection applies to all pending claims.
Claim 5 objected to because of the following informalities: “and _configured” in line 3, should read -- and configured.-- Appropriate correction is required.
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 6, 7 and 11-16 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The terms “N rows” in claim 6 is used by the claim to mean “a plurality of rows,” while the accepted meaning is “N-shaped or N-number.” The term is indefinite because the specification does not clearly redefine the term.
In claim 11, line 3, the recitation “a plurality of battery modules” appears to be a double inclusion of the “plurality of stacked battery modules” recited in line 2 of claim 1. Alternatively, it is unclear if the “plurality of battery modules” recited in line 3 of claim 11 is the same or different group of “plurality of battery modules” is required in addition to the “plurality of stacked battery modules” recited in line 2 of claim 1. Clarification is respectfully requested. In the interest of compact prosecution, the two limitations will be interpreted as the same limitation.
In claim 18, line 9, the recitation “a fire fighting water collection chamber” appears to be a double inclusion of the “fire fighting water collection chamber” recited in line 7.
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) 1-7, 9-13 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ginder et al. (US20210154503. Ginder hereinafter).
With respect to claim 1, Ginder discloses an energy storage system (Figs. 1-12), comprising: at least one battery rack (120. Fig. 5) including a plurality of stacked battery modules (130); and a container (110) accommodating the at least one battery rack, wherein the container includes: a bottom plate (114) in which the at least one battery rack is disposed; and a fire fighting water collection chamber (underside 112 / component 250 including tanks, 553 in Fig. 10, 650 in Fig. 11) disposed lower than the bottom plate and having at least one side (with elongated troughs connecting 270) in communication with the bottom plate to (capable of) allow a fire fighting water dropped from the at least one battery rack to enter.
With respect to claim 2, Ginder discloses the energy storage system according to claim 1, wherein the bottom plate includes a rack installation region (top surface) in which the at least one battery rack is installed, and a drain region (areas near 270) which is an open region to allow the fire fighting water to pass, and wherein the fire fighting water collection chamber is disposed vertically below the drain region, and wherein the fire fighting water collection chamber has an inclined bottom surface (pipes 550 upstream of 556 and 656. Figs. 10 and 11) to direct the fire fighting water entering through the drain region toward (in the direction of) a (front) wall of the container (Fig. 11).
With respect to claim 3, Ginder discloses the energy storage system according to claim 2, further comprising: a valve unit (556 and 656. A pump is a complex valve. A valve is defined as “Any of various devices that regulate the flow of gases, liquids, or loose materials through piping or through apertures by opening, closing, or obstructing ports or passageway.” American Heritage Dictionary of the English Language) coupled to the wall of the container to drain the fire fighting water collected in the fire fighting water collection chamber out of the container ([0069]).
With respect to claim 4, Ginder discloses the energy storage system according to claim 3, further comprising: a water level sensor ([0079]) disposed in the fire fighting water collection chamber, wherein the valve unit is configured to (capable of) be opened or closed based on a signal from the water level sensor ([0078]).
With respect to claim 5, Ginder discloses the energy storage system according to claim 4, further comprising: a drain pump (556 and 656) disposed in the fire fighting water collection chamber, and configured to (capable of) operate based on the signal from the water level sensor (“…The controller 900 may control the valves 910 and the pumps 920 based on sensor inputs or inputs from a fire panel, a pull station, etc., to selectively cause one or more of the vertical extending pipes 240 to supply suppressant to… a holding tank. [0078]- [0079]).
With respect to claim 6, Ginder discloses the energy storage system according to claim 2, wherein a plurality of the battery racks are provided and arranged in N rows in the bottom plate (Figs. 3 and 4).
With respect to claim 7, Ginder discloses the energy storage system according to claim 6, wherein the drain region is disposed in an area between the rows of the plurality of battery racks in the bottom plate or an area between a wall of the container and an outermost row of the plurality of battery racks (Figs. 3 and 4).
With respect to claim 9, Ginder discloses the energy storage system according to claim 1, further comprising: a water tank (553, 650) disposed outside of the container; a fire fighting water supply pipe connecting the water tank to the at least one battery rack (via 240); and a fire fighting water collection pipe (downstream of 270) connecting the fire fighting water collection chamber to the water tank.
With respect to claim 10, Ginder discloses the energy storage system according to claim 9, wherein a water level sensor ([0079]) and a drain pump (556, 656) are disposed in the fire fighting water collection chamber, and wherein the drain pump is configured to (capable of) operate so as to move the fire fighting water to the water tank through the fire fighting water collection pipe in response to a water level in the fire fighting water collection chamber reaching a predetermined height, which is detected by the water level sensor (“…The controller 900 may control the valves 910 and the pumps 920 based on sensor inputs or inputs from a fire panel, a pull station, etc., to selectively cause one or more of the vertical extending pipes 240 to supply suppressant to… a holding tank. [0078]- [0079]).
With respect to claim 11, Ginder discloses the energy storage system according to claim 1, wherein the at least one battery rack further includes: a plurality of battery modules (130); a rack case (122 and shelves 124) having receiving portions (the space) , each receiving portion being configured to (capable of) insert and receive one of the plurality of battery modules at each predetermined height ([0043] and Fig. 3), and each receiving portion having a structure (of 120) in which sides of the structure are closed (by another 120. Fig. 4) except front (top) and rear (bottom) sides; a rack connection pipe (240) connected to each of the battery modules received in the receiving portions to supply the fire fighting water when a fire occurs; and a drain guide unit (top rectangular and vertical structures of 120. Fig. 5) disposed on at least one surface of an outer surface of the rack case, and configured to (capable of) guide drainage of the fire fighting water to cause the fire fighting water coming out of the battery module after having been fed into the battery module to pass to a location spaced a predetermined distance apart from the outer surface of the rack case.
With respect to claim 12, Ginder discloses the energy storage system according to claim 11, wherein the drain guide unit is coupled to the outer surface of the rack case at a location which is lower than an upper (most) battery module of every two battery modules vertically adjacent to each other and higher than a lower (most) battery module of every two battery modules vertically adjacent to each other (same configuration as the Applicant’s invention).
With respect to claim 13, Ginder discloses the energy storage system according to claim 11, wherein the drain guide unit protrudes from the outer surface of the rack case (shelves 124) at a predetermined angle to form an eave structure (same configuration as the Applicant’s invention).
With respect to claim 17, Ginder discloses the energy storage system according to claim 1, further comprising: a rack die (unmarked bars under 120. Fig. 5) which protrudes upwards from the bottom plate and supports the at least one battery rack at a predetermined height apart from the bottom plate; and a fence (surrounding wall of 114) disposed around the rack die with a predetermined gap from the rack die, protruding upwards from the bottom plate and having at least one drain hole on a side (Fig. 4).
With respect to claim 18, Ginder discloses an energy storage system (Figs. 1-12), comprising: a plurality of battery racks (120. Fig. 5), each battery rack including a plurality of stacked battery modules (130); and a container (110) accommodating the plurality of battery racks, wherein the container includes: a bottom plate (114) in which the plurality of battery racks are disposed; a fire fighting water collection chamber (underside 112 / component 250 including tanks, 553 in Fig. 10, 650 in Fig. 11) including a water level sensor ([0079]); and a valve unit (556 and 656. A pump is a complex valve. A valve is defined as “Any of various devices that regulate the flow of gases, liquids, or loose materials through piping or through apertures by opening, closing, or obstructing ports or passageway.” American Heritage Dictionary of the English Language) coupled to a (front) wall of the container to (capable of) drain a fire fighting water collected in a fire fighting water collection chamber out of the container, wherein the valve unit is configured to (capable of) be opened or closed based on a signal from the water level sensor (“…The controller 900 may control the valves 910 and the pumps 920 based on sensor inputs or inputs from a fire panel, a pull station, etc., to selectively cause one or more of the vertical extending pipes 240 to supply suppressant to… a holding tank. [0078]- [0079]).
With respect to claim 19, Ginder discloses the energy storage system according to claim 18, further comprising: a water tank (553, 650) disposed outside of the container; a fire fighting water supply pipe connecting the water tank to the plurality of battery racks (via 240); and a fire fighting water collection pipe (downstream of 270) connecting the fire fighting water collection chamber to the water tank.
With respect to claim 20, Ginder discloses the energy storage system according to claim 19, wherein when a thermal (fire) event occurs in one of the plurality of stacked battery modules, each battery rack is configured to (capable of) receive the fire fighting water (via 240) for fire suppression from the water tank outside of the container through the fire fighting water supply pipe.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ginder in view of Menzies et al. (WO2020051697. Menzies hereinafter).
With respect to claim 8, Ginder discloses the energy storage system according to claim 2, except for wherein the drain region is covered with a porous plate.
However, Menzies teaches a floor drain (10) with a drain region that is covered with a porous plate (30).
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 a drain region that is covered with a porous plate, as taught by Menzies, to Ginder’s drain region, in order to permit the passage of fluids but to retain solids (page 4, last paragraph and Fig. 1).
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ginder in view of Yu (KR102313994. IDS provided by the Applicant. See attached English translation By Google Patents).
With respect to claim 13, Ginder discloses the energy storage system according to claim 11, except for wherein the drain guide unit protrudes from the outer surface of the rack case at a predetermined angle to form an eave structure.
However, Yu teaches a method (Figs. 1-7) of properly storing the battery in a protective case (100) comprising a receiving portion (the space defined by 110) configured to (capable of) insert and receive a battery module (B), the receiving portion including a drain guide unit (130) disposed on at least one surface of an outer (rear end) surface of the rack case (Fig. 4), and configured to (capable of) guide drainage of the fire fighting water to cause the fire fighting water coming out of the battery module, the drain guide unit protrudes from the outer surface of the rack case at a predetermined angle to form an eave structure (same configuration as the Applicant’s invention).
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 a protective case with the drain guide unit, as taught by Yu, to Ginder’s rack case, in order to properly store and protect the battery (Page 4, second to fifth paragraphs).
With respect to claim 14, Ginder discloses the energy storage system according to claim 11, except for wherein the drain guide unit is rotatably coupled to the outer surface of the rack case.
However, Yu teaches a method (Figs. 1-7) of properly storing the battery in a protective case (100) comprising a receiving portion (the space defined by 110) configured to (capable of) insert and receive a battery module (B), the receiving portion including a drain guide unit (130) disposed on at least one surface of an outer (rear end) surface of the rack case (Fig. 4), and configured to (capable of) guide drainage of the fire fighting water to cause the fire fighting water coming out of the battery module, the drain guide unit protrudes from the outer surface of the rack case at a predetermined angle to form an eave structure (same configuration as the Applicant’s invention), wherein the drain guide unit is rotatably (about 131) coupled to the outer surface of the rack case.
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 a protective case with the drain guide unit, as taught by Yu, to Ginder’s rack case, in order to properly store and protect the battery (Page 4, second to fifth paragraphs).
With respect to claim 15, Ginder’s energy storage system modified by Yu’s protective case with the drain guide unit, Yu further teaches wherein the drain guide unit is configured to (capable of) form an eave structure (same configuration as the Applicant’s invention) for the underlying receiving portion when the drain guide unit is rotated downwards.
With respect to claim 16, Ginder’s energy storage system modified by Yu’s protective case with the drain guide unit, Yu further teaches wherein the drain guide unit includes: a drain guide plate (130) hinged (about 131) to the outer surface of the rack case; and a stopper (rear opening) configured to (capable of) limit rotation of the drain guide plate so that the drain guide plate is at a preset (closing) angle with respect to the outer surface of the rack case.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show the art with respect to an energy storage system: Hamilton, Lillibridge et al., Seiz, Heller, Kirn and Olivo.
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 2, 2026
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