CTFR 17/293,090 CTFR 88588 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Amendment Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment. Response to Arguments Applicant’s arguments with respect to claim(s) 1-7, 9-15, and 17-20 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. Claim Rejections - 35 USC § 103 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-21-aia AIA Claim s 1-7, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US2016/231385 to Bulur et al. (hereafter, “BULUR”) in view of M. Baumann et al. "Cloud-connected battery management for decision making on second-life of electric vehicle batteries," 2018 Thirteenth International Conference on Ecological Vehicles and Renewable Energies (EVER), Monte Carlo, Monaco, 2018, pp. 1-6 (hereafter, “BAUMANN”), US2013/0278218 to Onnerud et al. (hereafter, “ONNERUD”), US 2016/0114696 hereinafter EIFERT and US2012/0297211 (hereinafter, “LEE”) . Regarding Claim 1 , BULUR discloses a method comprising: providing an energy storage device including two or more energy storage elements (abstract, Fig. 1, multi-cell battery); initiating execution of an energy storage capacity module operative to test a capacity of a first energy storage element (the module of BULUR is initiated as claimed); removing a first storage element from service (Fig. 2a step 218, processor carrying out computer program including measuring cell capacity, see also ¶24-26, 43; Fig. 2a, taking one cell within the battery offline), while maintaining service of the energy storage device (step 208 and 212 of Fig. 2a, ¶23); measuring a capacity of the removed first energy storage element (Fig. 2a, ¶30-32, Fig. 3, measuring cell capacity of the removed storage element); receiving the measured capacity at a lifing model (Fig. 2b ¶26 and 43, processor carrying out a computer program obtains data from the capacity measurements); executing the lifing model to generate an output (processor caries out a computer program evaluates the data obtained from the measurements to ascertain the health of the cell, thereby executing a lifing model to predict longevity of the cell thereby generating an output, ¶26 step 228 Fig. 2b and ¶40 “the health and longevity of the multi-cell battery pack may be predicted through modeling techniques from the cell data”); and manipulating operation of the energy storage device based on the generated output (the cell identified for replacement is replaced with a space cell, see ¶27 and step 236 of Fig. 2B). BULUR is silent with respect to the lifing model including a digital twin model of the energy storage device. BAUMANN discloses a an electric-thermal co-simulation coupled with an empirical aging model, the aging model comprising a digital twin of the vehicle battery and data about its previous usage history, the aging model improving predictions of the battery degradation and lifetime not only for vehicular use but potential second life applications (abstract, section III, Fig. 1). PNG media_image1.png 214 346 media_image1.png Greyscale Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified BULUR so that the lifing model comprises a digital twin model of the energy storage device. The motivation for doing so would be to use a known method of providing improved modeling and degradation and lifetime predictions for battery systems as taught by BAUMANN. EIFERT teaches a method wherein the discharge time is measured on the basis of the measured vehicle load current at any moment in time; and the discharge time may also be calculated with use of a battery model for a certain state of charge threshold and a temperature-dependent equalization charging voltage over a range of operating temperatures and load currents. EIFERT further discloses that the battery condition can be defined by the discharge time with reference to the vehicle load current and the battery temperature (paragraph 73). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed measuring technique to effectively monitor the battery. BULUR is silent with respect to the claimed manipulating operation of the energy storage device “based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements” as required by claim 1. ONNERUD (abstract, Fig. 9A-9C) discloses a manipulating operation of an energy storage device based on the generated output (¶10 “[t]he control circuit may also detect a predetermined cycle life of the battery cell, the control circuit selecting the balancing current based on this predetermined cycle life of the battery cell”) by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements (¶22 adjusting cell balancing current during operation of the battery pack in a manner to control cell and cell-pack lifetime trends, thereby improving cell-pack performance and longevity; ¶32 advantage of this approach is that different balancing current levels may be provided to each cell as needed, thereby improving balancing performance and overall cycle lifetime). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed manipulating operation of the energy storage device based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements. The motivation for doing so would be to prolong the life of the battery module by optimizing cell balancing at least in part based on individual cell lifetime as determined and output by the control circuit, as taught by ONNERUD. BULUR further teaches that the generated output of the executed global lifing model includes a distribution of information of the energy storage device (BULUR ¶40, predicted lifetime of the cell is obtained from the model and inputs; ¶20 also teaches prediction of cell health based on historical data including state of charge and remaining useful life; ONNERUD also outputs lifing prediction for optimized cell balancing as discussed above with respect to claim 1) but does not specifically disclose the method including a distribution of a predicted capacity of the two or more energy storage elements of the energy storage device and manipulating operation of the energy storage device based on distribution of the predicted capacity. However, LEE teaches a battery pack management system and method thereof, wherein the battery pack [220] includes a charge/discharge control unit [223], a microprocessor [ 222], a data communication unit [221] and a battery cell [250]. LEE further teaches that the charge/discharge control unit [223] controls charging and discharging of the battery cell and the charge/discharge control unit detects information regarding the remaining battery capacity calculated based on the information regarding the battery cell or battery abnormality and transmits the detected information to the host device through the microprocessor. In such a manner, the host device may control charging and discharging of the battery cell through the microprocessor (¶33). Therefore, it would have been obvious to one of ordinary skill in the art to use such battery information (i.e., predicted battery capacity) in the system before the effective filing date of the claimed invention because LEE discloses that such configuration can operate the battery charge/discharge in a safe mode. The use of a known technique to improve similar methods (products) in the same way is likely to be obvious (see MPEP 2143, C). Regarding Claim 2 , BULUR further discloses the method of claim 1, wherein the energy storage element is at least one of a cell, a string, and a rack of a battery (multicell battery stack discussed above with respect to claim 1). Regarding Claim 3 , BULUR further discloses the method of claim 1, further comprising: determining a capacity check condition is present prior to initiating the energy storage capacity module (as discussed above with respect to claim 1). Regarding Claim 4 , BULUR further discloses the method of claim 1, further comprising: returning the removed storage element to service (as discussed above with respect to claim 1, the measured cell is returned to the multicell pack, see also ¶27). Regarding Claim 5 , BULUR further discloses the method of claim 4, further comprising: removing a second energy storage element from service to test the capacity of the second energy storage element (¶26-28). Regarding Claim 6 , BULUR further discloses the method of claim 1, wherein the generated output is a predicted capacity of the energy storage element (¶40, predicted lifetime of the cell is obtained from the model and inputs; ¶20 also teaches prediction of cell health based on historical data including state of charge and remaining useful life). Regarding Claim 7 , BULUR further discloses the method of claim 1, further comprising: executing a global lifing model for the energy storage device (as discussed above with respect to claim 1, see also ¶20). Regarding Claim 9 , BULUR further discloses the a system comprising: an energy storage device including two or more energy storage elements (abstract, multicell battery); an energy storage capacity module operative to test a capacity of a first energy storage element (abstract, see claim 1 above); a memory for storing program instructions (¶26); an energy storage processor, coupled to the memory, and in communication with the energy storage capacity module, and operative to execute program instructions (abstract, ¶26) to: initiate execution of the energy storage capacity module (abstract, ¶26, Fig. 2-3); remove the storage element from service, while maintaining service of the energy storage device (as discussed above); measure a capacity of the removed storage element (¶31, see also discussion above); receive the measured capacity at a lifing model (¶31, see also discussion above); execute the lifing model to generate an output (¶26 and ¶41); and manipulate operation of the energy storage device based on the generated output (as discussed above including cell replacement for example). BULUR is silent with respect to the lifing model including a digital twin model of the energy storage device. However, as discussed above with respect to claim 1, it would have been obvious in view of BAUMANN to have modified BULUR’s lifing model to comprise a digital twin model of the energy storage device in order to improve predictions of aging and battery degradation as taught by BAUMANN. EIFERT teaches a method wherein the discharge time is measured on the basis of the measured vehicle load current at any moment in time; and the discharge time may also be calculated with use of a battery model for a certain state of charge threshold and a temperature-dependent equalization charging voltage over a range of operating temperatures and load currents. EIFERT further discloses that the battery condition can be defined by the discharge time with reference to the vehicle load current and the battery temperature (paragraph 73). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed measuring technique to effectively monitor the battery. BULUR is silent with respect to the claimed manipulating operation of the energy storage device “based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements.” ONNERUD (abstract, Fig. 9A-9C) discloses a manipulating operation of an energy storage device based on the generated output (¶10 “[t]he control circuit may also detect a predetermined cycle life of the battery cell, the control circuit selecting the balancing current based on this predetermined cycle life of the battery cell”) by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements (¶22 adjusting cell balancing current during operation of the battery pack in a manner to control cell and cell-pack lifetime trends, thereby improving cell-pack performance and longevity; ¶32 advantage of this approach is that different balancing current levels may be provided to each cell as needed, thereby improving balancing performance and overall cycle lifetime). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed manipulating operation of the energy storage device based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements. The motivation for doing so would be to prolong the life of the battery module by optimizing cell balancing at least in part based on individual cell lifetime as determined and output by the control circuit, as taught by ONNERUD. BULUR further teaches that the generated output of the executed global lifing model includes a distribution of information of the energy storage device (BULUR ¶40, predicted lifetime of the cell is obtained from the model and inputs; ¶20 also teaches prediction of cell health based on historical data including state of charge and remaining useful life; ONNERUD also outputs lifing prediction for optimized cell balancing as discussed above with respect to claim 1) but does not specifically disclose the method including a distribution of a predicted capacity of the two or more energy storage elements of the energy storage device and manipulating operation of the energy storage device based on distribution of the predicted capacity. However, LEE teaches a battery pack management system and method thereof, wherein the battery pack [220] includes a charge/discharge control unit [223], a microprocessor [ 222], a data communication unit [221] and a battery cell [250]. LEE further teaches that the charge/discharge control unit [223] controls charging and discharging of the battery cell and the charge/discharge control unit detects information regarding the remaining battery capacity calculated based on the information regarding the battery cell or battery abnormality and transmits the detected information to the host device through the microprocessor. In such a manner, the host device may control charging and discharging of the battery cell through the microprocessor (¶33). Therefore, it would have been obvious to one of ordinary skill in the art to use such battery information (i.e., predicted battery capacity) in the system before the effective filing date of the claimed invention because LEE discloses that such configuration can operate the battery charge/discharge in a safe mode. The use of a known technique to improve similar methods (products) in the same way is likely to be obvious (see MPEP 2143, C). Regarding Claim 10 , BULUR further discloses the system of claim 9, wherein the energy storage element is at least one of a cell, a string, and a rack of a battery (the multicell battery pack). Regarding Claim 11 , BULUR further discloses the system of claim 9, further comprising program instructions to: determine a capacity check condition is present prior to initiating the energy storage capacity module (as discussed above, see also ¶27). Regarding Claim 12 , BULUR further discloses the system of claim 9, further comprising program instructions to: return the removed storage element to service (as discussed above, see also ¶27). Regarding Claim 13 , BULUR further discloses the system of claim 12, further comprising program instructions to: remove a second energy storage element from service to test the capacity of the second energy storage element (as discussed above, see also ¶27). Regarding Claim 14 , BULUR further discloses the system of claim 9, wherein the generated output is the predicted capacity of the energy storage element (¶26, ¶40, predicted lifetime health and longevity of the cell, SOC, and other parameters). Regarding Claim 15 , BULUR further discloses the system of claim 9, further comprising program instructions to: execute a global lifing model for the energy storage device (the processor executed lifetime health and longevity predictions based on the inputs). Regarding Claim 17 , BULUR further discloses a non-transitory computer-readable medium storing instructions that, when executed by a computer processor, cause the computer processor to perform a method (abstract, ¶43, processor carries out the embodiments of the invention) comprising: initiating execution of an energy storage capacity module operative to test a capacity of a first energy storage element of an energy storage device; removing the storage element from service, while maintaining service of the energy storage device; measuring a capacity of the removed storage element; receiving the measured capacity at a lifing model; executing the lifing model to generate an output; and manipulating operation of the energy storage device based on the generated output (each as discussed above with respect to claims 1-16). BULUR is silent with respect to the lifing model including a digital twin model of the energy storage device. BAUMANN discloses a an electric-thermal co-simulation coupled with an empirical aging model, the aging model comprising a digital twin of the vehicle battery and data about its previous usage history, the aging model improving predictions of the battery degradation and lifetime not only for vehicular use but potential second life applications (abstract, section III, Fig. 1). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified BULUR so that the lifing model comprises a digital twin model of the energy storage device. The motivation for doing so would be to use a known method of providing improved modeling and degradation and lifetime predictions for battery systems as taught by BAUMANN. EIFERT teaches a method wherein the discharge time is measured on the basis of the measured vehicle load current at any moment in time; and the discharge time may also be calculated with use of a battery model for a certain state of charge threshold and a temperature-dependent equalization charging voltage over a range of operating temperatures and load currents. EIFERT further discloses that the battery condition can be defined by the discharge time with reference to the vehicle load current and the battery temperature (paragraph 73). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed measuring technique to effectively monitor the battery. BULUR is silent with respect to the claimed manipulating operation of the energy storage device “based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements” as required by claim 1. ONNERUD (abstract, Fig. 9A-9C) discloses a manipulating operation of an energy storage device based on the generated output (¶10 “[t]he control circuit may also detect a predetermined cycle life of the battery cell, the control circuit selecting the balancing current based on this predetermined cycle life of the battery cell”) by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements (¶22 adjusting cell balancing current during operation of the battery pack in a manner to control cell and cell-pack lifetime trends, thereby improving cell-pack performance and longevity; ¶32 advantage of this approach is that different balancing current levels may be provided to each cell as needed, thereby improving balancing performance and overall cycle lifetime). Before the effective filing date of the claimed invention, it would have been obvious to have modified BULUR to comprise the claimed manipulating operation of the energy storage device based on the generated output by shifting operation among the two or more energy storage elements to extend a life of at least one of the two or more energy storage elements. The motivation for doing so would be to prolong the life of the battery module by optimizing cell balancing at least in part based on individual cell lifetime as determined and output by the control circuit, as taught by ONNERUD. BULUR further teaches that the generated output of the executed global lifing model includes a distribution of information of the energy storage device (BULUR ¶40, predicted lifetime of the cell is obtained from the model and inputs; ¶20 also teaches prediction of cell health based on historical data including state of charge and remaining useful life; ONNERUD also outputs lifing prediction for optimized cell balancing as discussed above with respect to claim 1) but does not specifically disclose the method including a distribution of a predicted capacity of the two or more energy storage elements of the energy storage device and manipulating operation of the energy storage device based on distribution of the predicted capacity. However, LEE teaches a battery pack management system and method thereof, wherein the battery pack [220] includes a charge/discharge control unit [223], a microprocessor [ 222], a data communication unit [221] and a battery cell [250]. LEE further teaches that the charge/discharge control unit [223] controls charging and discharging of the battery cell and the charge/discharge control unit detects information regarding the remaining battery capacity calculated based on the information regarding the battery cell or battery abnormality and transmits the detected information to the host device through the microprocessor. In such a manner, the host device may control charging and discharging of the battery cell through the microprocessor (¶33). Therefore, it would have been obvious to one of ordinary skill in the art to use such battery information (i.e., predicted battery capacity) in the system before the effective filing date of the claimed invention because LEE discloses that such configuration can operate the battery charge/discharge in a safe mode. The use of a known technique to improve similar methods (products) in the same way is likely to be obvious (see MPEP 2143, C). Regarding Claim 18 , BULUR further discloses the medium of claim 17, wherein the energy storage device includes two or more energy storage elements, and wherein the energy storage element is at least one of a cell, a string, and a rack of a battery (as discussed above). Regarding Claim 19 , BULUR further discloses the medium of claim 17, further comprising instructions to perform a method comprising: returning the removed storage element to service (as discussed above). Regarding Claim 20 , BULUR further discloses the medium of claim 19, further comprising instructions to perform a method comprising: removing a second energy storage element from service to test the capacity of the second energy storage element (as discussed above). Conclusion 07-40 AIA 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 OSEI K AMPONSAH whose telephone number is (571)270-3446. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752 Application/Control Number: 17/293,090 Page 2 Art Unit: 1752 Application/Control Number: 17/293,090 Page 3 Art Unit: 1752 Application/Control Number: 17/293,090 Page 4 Art Unit: 1752 Application/Control Number: 17/293,090 Page 5 Art Unit: 1752 Application/Control Number: 17/293,090 Page 6 Art Unit: 1752 Application/Control Number: 17/293,090 Page 7 Art Unit: 1752 Application/Control Number: 17/293,090 Page 8 Art Unit: 1752 Application/Control Number: 17/293,090 Page 9 Art Unit: 1752 Application/Control Number: 17/293,090 Page 10 Art Unit: 1752 Application/Control Number: 17/293,090 Page 11 Art Unit: 1752 Application/Control Number: 17/293,090 Page 12 Art Unit: 1752 Application/Control Number: 17/293,090 Page 13 Art Unit: 1752 Application/Control Number: 17/293,090 Page 14 Art Unit: 1752 Application/Control Number: 17/293,090 Page 15 Art Unit: 1752
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