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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Amendment
Claims 1-13, 16-21, and 23 remain pending in the application, and claims 14-15 and 22 have been previously canceled.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
Applicant submits on page 13 that Kim does not disclose the following features of claim 1, particularly "a module management unit is in electronic communication with remaining battery modules of the plurality of battery modules based on a data mesh architecture and does not communicate with or is part of an external module management unit." KIM is teaching an external controller. Even if the control modules 20a-20n are a part of the controller 50, KIM is still teaching the use of an external control module while claim 1 recites that the "module management unit does not communicate with or is part of an external module management unit." As such, KIM is teaching away from "a module management unit coupled to the memory that controls the plurality of switching elements, wherein the module management unit is in electronic communication with remaining battery modules of the plurality of battery modules based on a data mesh architecture and does not communicate with or is part of an external module management unit," as taught in claim 1. Accordingly, KIM does not teach the limitations of claim 1.Although potentially of a different scope than claim 1, independent claim 18, as amended, recites similar features.
The examiner submits that the claim language “a module management unit … does not communicate with or is part of an external module management unit” appears to be describing two alternative phrases:
A. “a module management unit does not communicate with an external module management unit” or
B. “a module management unit is part of an external module management unit.”
Regarding the term “external module management unit,” it appears to be referring to the phrase in paragraph [0055] of the Specification, “a centralized battery management unit.” Otherwise there does not seem to be any mention of an external module management unit.
Phrase B does not preclude each control module 20a-20n as described in Kim in paragraphs 0025-0026, being part of the controller 50, in that they communicate with each other to achieve the desired circuit.
Phrase A appears to written in alternative.
Specification
The specification is objected to as failing to provide proper antecedent basis for “the module management unit… does not communicate with or is part of an external module management unit”. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
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.
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 limitations are:
“external module management unit” in claims 1 and 18.
It is noted that no such description of an external module management unit is provided in the Specification.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The Specification does not satisfy the written description requirement for the limitation that “the module management unit… does not communicate with or is part of an external module management unit”.
The Specification:
[0055] Furthermore, the data mesh architecture does not utilize a centralized battery management unit for providing control to all of the individual battery modules that are part of the battery array. It is to be appreciated that utilizing individual module management units instead of a centralized battery management unit may increase the fault tolerance of the battery array. Specifically, since the mesh data architecture is based on a peer-to-peer network, the module management units may isolate or disable a non-functional battery module from the battery array relatively easily, especially when compared to systems employing a centralized battery management unit. Finally, the battery array includes a modular design, and therefore may be arranged into a variety of configurations. Accordingly, the battery modules that are part of the disclosed battery array may be arranged to fit within standardized pallets as well, which may not be possible with conventional battery systems.
The term “external module management unit” is a purely functional term that invokes 112(f). Even though the term is employed in negative claiming, to recite what is not occurring, there remains a requirement that the Specification adequately provide support for the term so that one of ordinary skill in the art may understand what structure satisfies the functional language of an “external module management unit” so that one can determine whether there is communication with such a unit. However, no such description of an external module management unit is provided in the Specification.
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 1-18 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.
The phrase “external module management unit” is not supported or described by the Specification. Since claims must be interpreted in light of the Specification, the term is indefinite.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 9-13, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20100261043 A1), hereinafter referred to as Kim.
Regarding independent claim 1, Kim discloses a battery array comprising a plurality of battery modules (Fig. 1: battery circuits 30a-30n including corresponding control modules 20a-20n) each battery module of the plurality of battery modules having one or more battery cells (¶0025: each battery circuit 30a-30n has corresponding battery cell 32a-32n) (¶0024 and Fig. 1: Reconfigurable battery system 10 is comprised of a plurality of battery circuits 30a-30n arranged adjacent to or adjoined to each other.), wherein each battery module comprises:
a plurality of switching elements (¶0025: battery circuits 30a-n each have corresponding series switches 42a-42n and parallel switches 44a-44n) configured to switch the one or more battery cells in circuit and out of circuit with the battery array (¶0009: Battery circuits include a plurality of switches interconnecting the battery cell with a battery cell in an adjacent circuit. Switches may be configured to place a battery cell in series or in parallel with an adjacent battery cell.);
a memory (¶0024: memory containing computer executable instructions) storing a connection map indicating an identifier associated with each battery module, a location of one or more electrical outputs of the battery array, and interconnections between each battery module (¶0028 and ¶0025: The examiner interprets the architecture of the dynamic reconfigurable battery system 10 as storable by the memory, wherein the architecture holds information for individual battery identifiers D1–Dk and an array of switches S1–S-k . The array of switches interconnects each battery and includes input and output terminal switches, 46a-46n and 48a-48n, leading to input and output terminals, 36a-36n and 34a-34n.); and
a module management unit coupled to the memory that controls the plurality of switching elements (¶0024: The control modules 20a-20n for batteries 32a-32n are controlled by controller 50. Fig. 1 shows the control modules connected to the series switches 42a-42n and parallel switches 44a-44n), wherein the module management unit is in electronic communication with remaining battery modules of the plurality of battery modules based on a data mesh architecture and does not communicate with or is part of an external module management unit (¶0028 and ¶0053: architecture, “Controller 50 applies a connectivity configuration algorithm to achieve the desired circuit arrangement.” The examiner interprets control modules are “part of” controller 50 in that they communicate with each other to achieve the desired circuit. The phrase “does not communicate with” appears to be written in alternative form) wherein the data mesh architecture comprises a decentralized architecture where data is exchanged between the module management unit and module management units within each of the remaining battery modules (¶[24]: control modules 20a-20n each correspond to a battery circuit 30a-30n, where each control module can exchange data between each other via the controller 50),
wherein, the module management unit executing instructions to:
receive system requirement data for each of the one or more electrical outputs of the battery array, wherein the system requirement data indicates a required voltage (¶0061: “Each application k defines an output voltage requirement Vd and may be assigned a priority.”), a required current, and a required capacity (¶0051: “Applications that require different voltage and power need a specific capacity, thereby defining in the number of parallel groups, np, needed”) corresponding to each of the one or more electrical outputs (¶0009: “A control unit receives an output criteria and controls the switches in each of the battery circuits to form a circuit arrangement that meets the output criteria … where the output criteria defines a number of outputs for the circuit arrangement and a voltage requirement for each output”);
calculate an interconnection plan that indicates selected interconnections between the plurality of battery modules for meeting the system requirement data for at least one of the electrical outputs based on receiving the system requirements data (¶0009: output criteria); and
instruct the plurality of switching elements to switch the one or more battery cells either in circuit or out of circuit with the battery array based on the interconnection plan (¶0009).
Regarding independent claim 18, Kim discloses a method of operating a battery array having a plurality of battery modules (¶0024 and Fig. 1: Reconfigurable battery system 10 is comprised of a plurality of battery circuits 30a-30n arranged adjacent to or adjoined to each other.), the method comprising:
receiving, by a module management unit, system requirement data indicating a defined voltage (¶0061: “Each application k defines an output voltage requirement Vd”), a required current, and a required capacity (¶0051: “Applications that require different voltage and power need a specific capacity, thereby defining in the number of parallel groups, np, needed”) corresponding to one or more electrical outputs of the battery array, wherein each battery module of the plurality of battery modules comprises a corresponding module management unit and one or more battery cells (¶0009: “A control unit receives an output criteria and controls the switches in each of the battery circuits to form a circuit arrangement that meets the output criteria … where the output criteria defines a number of outputs for the circuit arrangement and a voltage requirement for each output.”);
calculating, by the module management unit, an interconnection plan that indicates selected interconnections between the plurality of battery modules for meeting the system requirement data for at least one of the electrical outputs based on receiving the system requirement data (¶0009: output criteria), wherein a memory of the module management unit stores a connection map indicating an identifier associated with each of the plurality of battery modules, a location of one or more electrical outputs of the battery array, and interconnections between each of the plurality of battery modules (¶0028 and ¶0025: The examiner interprets the architecture of the dynamic reconfigurable battery system 10 as storable by the memory, wherein the architecture holds information for individual battery identifiers D1–Dk and an array of switches S1–S-k . The array of switches interconnects each battery and includes input and output terminal switches, 46a-46n and 48a-48n, leading to input and output terminals, 36a-36n and 34a-34n.); and
instructing, by the module management unit, a plurality of switching elements to switch the one or more battery cells either in circuit or out of circuit with the battery array based on the interconnection plan, wherein the module management unit is in electronic communication with remaining battery modules of the plurality of battery modules based on a data mesh architecture and does not communicate with or is part of an external module management unit (¶0053: “Controller 50 applies a connectivity configuration algorithm to achieve the desired circuit arrangement” The examiner interprets control modules are “part of” controller 50 in that they communicate with each other to achieve the desired circuit. The phrase “does not communicate with” appears to be written in alternative form), wherein the data mesh architecture comprises a decentralized architecture where data is exchanged data between the module management unit and module management units within each of the remaining battery modules (¶[24]: the examiner interprets control modules 20a-20n serving as module management units where data is exchanged via the controller 50).
Regarding claim 2, Kim discloses the battery array of claim 1, wherein the module management unit when executing instructions, to calculate the interconnection plan, is to:
in sequence of priority (¶0061: “Each application k defines an output voltage requirement Vd and may be assigned a priority.”), calculate a number of series-connected battery modules required to achieve the required voltage indicated by the system requirement data for each of the electrical outputs (¶0061: “The output voltage requirement Vd determines the number of cells in series Ns,k needed to meet the requirement.).
Regarding claim 3, Kim discloses the battery array of claim 2, wherein the module management unit (controller 50) determines the number of series-connected battery modules by dividing the required voltage by a battery module voltage. (The controller 50, based on the architecture of the dynamic reconfigurable battery system stored by the memory, has the structure capable to calculate number of series-connected battery modules by dividing the required voltage by a battery module voltage.)
Regarding claim 4, Kim discloses the battery array of claim 2, wherein the module management unit when executing instructions, to calculate the interconnection plan, is to:
in sequence of priority (¶0061: “Each application k defines an output voltage requirement Vd and may be assigned a priority.”), calculate a number of parallel-connected battery modules that are required to achieve the required current and the required capacity indicated by the system requirement data for each of the one or more electrical outputs (¶0051: “Applications that require different voltage and power need a specific capacity, thereby defining in the number of parallel groups, np, needed”).
Regarding claim 5, Kim discloses the battery array of claim 4, wherein the module management unit (controller 50) when executing instructions, to calculate the number of parallel-connected battery modules, is to:
divide the required current by a battery module current to determine a first number of battery modules;
divide the required capacity by a battery module capacity to determine a second number of battery modules;
compare the first number of battery modules with the second number of battery modules to determine a greater value between the first number of battery modules and the second number of battery modules; and
select the greater value as the number of parallel-connected battery modules.
(The controller 50, based on the architecture of the dynamic reconfigurable battery system stored by the memory, has the structure capable to calculate a first number and second number of battery modules corresponding to the quotients of (1) the required current divided by battery module current and (2) the required capacity divided by battery module capacity, compare the first number with the second number of battery modules, and select the greater value as the number of parallel-connected battery modules.)
Regarding claim 6, Kim discloses the battery array of claim 4, wherein the module management unit when executing instructions, to calculate the interconnection plan, is to:
select one or more battery modules, of the plurality of battery modules, connected in parallel that are part of the battery array to satisfy the required capacity and the required current for a first electrical output, wherein the number of parallel-connected battery modules are selected (¶0051: “Applications that require different voltage and power need a specific capacity, thereby defining in the number of parallel groups, np, needed”).
Regarding claim 9, Kim discloses the battery array of claim 6, wherein the module management unit when executing instructions, to calculate the interconnection plan (¶0009: “A control unit receives an output criteria and controls the switches in each of the battery circuits to form a circuit arrangement that meets the output criteria … where the output criteria defines a number of outputs for the circuit arrangement and a voltage requirement for each output”), is to:
after selecting the one or more battery modules connected in parallel (¶0051: “Applications … require different voltage and power need a specific capacity, thereby defining in the number of parallel groups, np, needed”), select one or more battery modules, of the plurality of battery modules, connected in series to satisfy the required voltage for the first electrical output (¶0061: “The output voltage requirement Vd determines the number of cells in series Ns,k needed to meet the requirement.).
Regarding claim 10, Kim discloses the battery array of claim 9, wherein the module management unit executes instructions to:
after selecting the one or more battery modules connected in parallel and the one or more battery modules connected in series to satisfy the system requirement data for the first electrical output, determine that additional rows of battery modules are available within the battery array (¶0061: “Each application k defines an output voltage requirement Vd.”);
and in response to determining the additional rows of battery modules are available within the battery array, select the one or more battery modules connected in parallel and the one or more battery modules connected in series to satisfy a second electrical output requirement (¶0061).
Regarding claim 11, Kim discloses the battery array of claim 1, wherein the module management unit executes instructions to:
receive a notification indicating a non-functional battery module, wherein the non- functional battery module is switched in circuit with the battery array as part of the interconnection plan (¶0053: The k-th local control unit reports a cell failure.); and
in response to receiving the notification, calculate an alternate interconnection plan without the non-functional battery module (¶0053: The controller updates its data structure to permanently bypass the faulty cell).
Regarding claim 12, Kim discloses the battery array of claim 11, wherein the alternate interconnection plan comprises at least one standby battery module (Figs. 2 and 3 and ¶0037: “One or more healthy battery cells in a series chain may be singled out as shown in FIG. 3.”).
Regarding claim 13, Kim discloses the battery array of claim 1, wherein the module management unit executes instructions to:
determine that at least one standby battery module exists as part of the interconnection plan, where the standby battery module represents an unused battery module that is not interconnected (¶0075: “the reconfiguration framework reuses the remaining healthy battery cells in the series chain as backup cells.”); and
in response to determining that at least one standby battery module exists as part of the interconnection plan, calculate a standby interconnection plan that employs the at least one standby battery module (¶0075: Backup cells are employed when faulty cells are detected).
Regarding claim 16, Kim discloses the battery array of claim 1, wherein the plurality of switching elements are configured to pass electrical power through a corresponding battery module, wherein the electrical power is generated by the remaining battery modules of the battery array (¶0009: Battery circuits include a plurality of switches interconnecting the battery cell with a battery cell in an adjacent circuit. Switches may be configured to place a battery cell in series or in parallel with an adjacent battery cell.).
Regarding claim 17, Kim discloses the battery array of claim 1, wherein the plurality of switching elements are configured to connect the one or more battery cells in circuit with the battery array based on one of two opposing polarities (¶0009: Battery circuits include a plurality of switches interconnecting the battery cell with a battery cell in an adjacent circuit. Switches may be configured to place a battery cell in series or in parallel with an adjacent battery cell.).
Regarding claim 19, Kim discloses the method of claim 18, further comprising:
in sequence of priority (¶0061: “Each application k defines an output voltage requirement Vd and may be assigned a priority.”), calculating a number of series-connected battery modules required to achieve the defined voltage indicated by the system requirement data for each of the one or more electrical outputs (¶0061: “The output voltage requirement Vd determines the number of cells in series Ns,k needed to meet the requirement.).
Regarding claim 21, Kim discloses the method of claim 18, wherein an edge battery module or a corner battery module exists for each row of a plurality of rows of the battery array; and the method further comprising:
starting with a first electrical output, selecting the edge battery module or the corner battery module for a first row that the first electrical output is located along; and
selecting the edge battery module or the corner battery module connected in parallel located along the first row that are required to satisfy the required current and the required capacity of the first electrical output.
Selecting a corner or edge battery does not preclude prior art that selects additional or all the batteries including edge or corner batteries. The selection of all batteries to satisfy a corresponding voltage and current demand falls within the scope of Kim.
Regarding claim 23, Kim teaches the method of claim 18, further comprising:
receiving data indicating a plurality of parameters from corresponding battery modules of the plurality of battery modules, wherein the plurality of parameters indicate one or more of:
a rated voltage,
a battery capacity (¶0065),
a state-of-charge (¶0029: control unit monitors SOC),
a state-of-health,
available series and parallel connections, or fault data (Figs. 2 and 3);
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Despesse (US 20140015488 A1).
Regarding claim 7, Kim discloses the battery array of claim 6. Kim does not disclose wherein the battery modules of the battery array are arranged into a plurality of columns and a plurality of rows, and wherein an edge battery module, a corner battery module, or both the edge battery module and the corner battery module exist for each row of the plurality of rows of the battery array.
Despesse discloses battery modules of a battery array are arranged into a plurality of columns and a plurality of rows, and wherein an edge battery module, a corner battery module, or both the edge battery module and the corner battery module exist for each row of the plurality of rows of the battery array (¶0002 and Figs. 1 and 2: a plurality of modules 2 disposed in series, and each module comprises of a plurality of cells 1 disposed in series).
A person of ordinary skill in the art before the effective filing date of the instant application would have recognized that arranging the battery modules of Kim into a plurality of rows and columns such as in Despesse would minimize the overall size of the battery array (¶[3]).
Regarding claim 8, Kim in view of Despesse the battery array of claim 7, wherein the module management unit when executing instructions, to select the one or more battery modules connected in parallel, is to:
starting with the first electrical output, select either the edge battery module or the corner battery module for a first row that the first electrical output is located along; and
select the one or more battery modules connected in parallel located along the first row that are required to satisfy the required current and the required capacity of the first electrical output.
Selecting a corner or edge battery does not preclude prior art that selects additional or all the batteries including edge or corner batteries. The selection of all batteries to satisfy a corresponding voltage and current demand falls within the scope of Kim.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Smith et al. (US 20170301963 A1), hereinafter referred to as Smith.
Regarding claim 20, Kim teaches the method of claim 19. Kim does not teach determining the number of series-connected battery modules by dividing the required voltage by a battery module voltage.
Smith teaches determining the number of series-connected battery modules by dividing the required voltage by a battery module voltage (¶0003: An optimal system design can involve dividing the total desired voltage by the individual battery cell voltage to determine the number of cells).
A person of ordinary skill in the art before the effective filing date of the instant application would have incorporated the method of Smith in calculating the number battery modules to serve the requested voltage of an output in the method of Kim, so that the method would include dividing the requested voltage by the battery voltage to determine the minimum number of batteries needed, so as to maximize the number of unused battery modules so they may be conserved or used for other applications.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryu-Sung Peter Weinmann whose telephone number is (703)756-5964. The examiner can normally be reached Monday-Friday 9am-5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman, can be reached at (571) 272-2147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Ryu-Sung P. Weinmann/Examiner, Art Unit 2859 February 27, 2026
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859