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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 12-15, 17-21, and 24 have been considered and are not persuasive.
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.
Claim(s) 12-15, 18-21, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maluf et al (US 201503779676 A1)
Regarding claim 12, Maluf teaches a method for ascertaining a state of health of a battery for a transportation device (¶0002 “The state of health (SOH) of a battery (for example, a rechargeable lithium-ion (Li+) battery”, it is well known in the art that electric vehicles use lithium-ion batteries),
comprising the following steps: charging the battery until a predefined target voltage is reached in a first charging phase of the battery (fig. 14A, charge signal charges the battery to some voltage),
wherein the first charging phase comprises charging with a constant charge current (¶0321 “The current or charge profile may be a constant current or charge over a portion or all of the first portion or segment of the SOC and/or time”);
ascertaining a first voltage value of the battery at a first predefined point in time after the predefined target voltage has been reached in a relaxation phase of the battery (¶0205-0209, fig. 14A depicts charging to a predefined voltage (charge signal voltage));
ascertaining a second voltage value of the battery at a second predefined point in time, deviating from the first predefined point in time, in the relaxation phase of the battery (any other point in time along the horizontal axis of fig. 14A represents a second voltage value of the battery at a second predefined point in time deviating from the first point in time);
ascertaining a piece of information about a state of health of the battery based on a change of the second voltage value with respect to the first voltage value (¶0038 "FIG. 14B illustrates actual measurements of the partial relaxation time as the state of health of the battery/cell degrades with increasing number of charge/discharge cycle numbers", the language “based on” is broad),
wherein the change is compared to a predefined table stored in a memory unit, the table assigning values of the change to corresponding states of health of the battery (¶0296 “adaptive charging techniques and/or circuitry employ a voltage-charge curve or data corresponding to or associated with the SOH of the battery/cell to determine a corresponding SOC based on or using the voltage at the terminals of the battery/cell. (See, FIG. 31). Such data may be arranged in a look-up table that includes or stores data which is representative of the voltage-charge curves characteristic of the chemistry in use to determine a corresponding SOC based on or using the voltage of the battery/cell for a particular SOH of the battery/cell”);
and using the piece of information about the state of health of the battery in transportation device and/or in an external server (¶0211 “SOH may be employed to improve the accuracy in estimating the SOC of the battery/cell, which may be a measure or estimate of the available discharge capacity”),
charging the battery in a second charging phase until an end-of-charge voltage of the battery is reached in response to a termination of the relaxation phase of the battery (¶0324 " the first charging phase employs techniques to increase the SOC from the initial SOC to about 90% SOC and the second charging phase employs techniques to raise the SOC from about 90% to a SOC of 100% (a fully charged state)").
Maluf ¶0205 states “present inventions may employ any technique and/or circuitry, whether now known or later developed, to estimate, calculate, measure and/or determine the SOH”. Thereby Maluf encompasses the case wherein the change in voltage during the relaxation period is used to determine the SOH. Furthermore Maluf teaches in 70299 a “charging techniques and/or circuitry adaptively adjusts and/or controls the amount of charge injected into the battery/cell (via controlling, for example, the shape, amplitude and/or duration of the current signal output by the charging circuitry) in a manner so that the voltage at the terminals of the battery/cell is less than a predetermined voltage”. The predetermined voltage described in 90299 is specified to be the maximum voltage based on the type of battery/cell under charging conditions. Maluf also teaches in ¶0327 “any charging technique may be employed in the first charging phase (whether adaptive or otherwise — including the adaptive techniques described in the U.S. Provisional patent applications)”, the broadest reasonable interpretation includes the charging technique as applied to the second phase of charging.
Regarding claim 13, Maluf teaches the method as recited in claim 12. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the predefined target voltage corresponds to a voltage value in a range of 80% to 100% of an end-of-charge voltage of the battery (¶0299 "until the SOC of the battery/cell (i) is greater than or equal to about 90%, (ii) is between about 90% to about 95%, (iii) is greater than or equal to about 95% and/or (iv) is about 100%").
Regarding claim 14, Maluf teaches the method as recited in claim 13. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the range is of 85% to 98% of the end-of-charge voltage of the battery (¶0299 "until the SOC of the battery/cell (i) is greater than or equal to about 90%, (ii) is between about 90% to about 95%, (iii) is greater than or equal to about 95% and/or (iv) is about 100%").
Regarding claim 15, Maluf teaches the method as recited in claim 13. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the range is of 90% to 97% of the end-of-charge voltage of the battery (¶0299 "until the SOC of the battery/cell (i) is greater than or equal to about 90%, (ii) is between about 90% to about 95%, (iii) is greater than or equal to about 95% and/or (iv) is about 100%").
Regarding claim 18, Maluf teaches the method as recited in claim 12. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the ascertainment of the state of health is carried out only when (¶0052 "the processes employ an SOH indicator to identify a voltage- charge curve, equation or relationship which represents and/or correlates the state/condition of the battery/cell"):
a charge state of the battery, prior to the charging in the first charging phase (¶0052 " FIGS. 25A-25D are flowcharts of exemplary processes of determining, detecting, calculating, estimating, and/or measuring an SOC of the battery and/or a change in SOC of the battery/cell using the change, over a plurality of charge or discharqe sequences"),
corresponds to a predefined minimum charge state, and/or a temperature of the battery is within a predefined temperature range (¶0017 "FIG. 1C illustrates circuitry external which accesses the memory to store one or more predetermined ranges employed by control circuitry in conjunction with adapting, adjusting and/or controlling one or more characteristics of the charge or current applied to or injected into the battery/cell", wherein one of the predetermined ranges includes a minimum charge state).
Regarding claim 19, Maluf teaches the method as recited in claim 12. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein a predefined target temperature for the battery is established prior to a start of the relaxation phase (¶0125 "The predetermined ranges or values may depend on considerations such as the state or status of one or more parameters of the battery/cell including, for example, the SOC, the SOH and/or temperature of the battery/cell").
Regarding claim 20, Maluf teaches the method as recited in claim 12. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the change of the second voltage value with respect to the first voltage value is ascertained based on a difference, and/or a gradient (Fig. 14A, voltage deviation is used to indicate state of health).
Regarding claim 21, Maluf teaches the method as recited in claim 12. Maluf further teaches a method for ascertaining a state of health of a battery for a transportation device wherein the charging of the battery takes place based on an AC charging process or a DC charging process (¶0054 ’the partial relaxation time (or overshoot thereof) changes as the state of health (SOH) of the battery/cell degrades and, in this illustrative embodiment, the partial relaxation time (or overshoot thereof) increases over a plurality of charge or discharge cycles”).
Regarding claim 24, Maluf teaches a device for ascertaining a state of health of a battery for a transportation device, comprising: an evaluation unit (¶0092 “control circuitry 16 may include one or more processors");
a data input (¶0071 "the predetermined ranqe is based on empirical data, test data, simulation data, theoretical data and/or a mathematical relationship", it is inherent that the data must have been input to the device in order to predetermine the range);
and a data output (¶0177 "generating data corresponding to the SOC of the battery/cell wherein the data is output, for example, visually or audibly to a user and/or to external circuitry");
wherein the evaluation unit is configured, in conjunction with the data input, to charge the battery until a predefined target voltage is reached in a first charging phase of the battery (fig. 14A, charge signal charges the battery to some voltage),
wherein the first charging phase comprises charging with a constant charge current (¶0321 “The current or charge profile may be a constant current or charge over a portion or all of the first portion or segment of the SOC and/or time”),
to ascertain a first voltage value of the battery at a first predefined point in time after the predefined target voltage has been reached in a relaxation phase of the battery (¶0205-0209, fig. 14A depicts charging to a predefined voltage (charge signal voltage), and ascertaining a voltage value at a predefined point in time after the target voltage is reached, by way of graphing the voltage as time progresses along the horizontal axis),
to ascertain a second voltage value of the battery at a second predefined point in time, deviating from the first predefined point in time, in the relaxation phase of the battery (any other point in time along the horizontal axis of fig. 14A represents a second voltage value of the battery at a second predefined point in time deviating from the first point in time),
and to ascertain a piece of information about the state of health of the battery based on a change of the second voltage value with respect to the first voltage value (¶0038 "FIG. 14B illustrates actual measurements of the partial relaxation time as the state of health of the battery/cell degrades with increasing number of charge/discharge cycle numbers", the language “based on” is broad),
wherein the change is compared to a predefined table stored in a memory unit, the table assigning values of the change to corresponding states of health of the battery (¶0296 “adaptive charging techniques and/or circuitry employ a voltage-charge curve or data corresponding to or associated with the SOH of the battery/cell to determine a corresponding SOC based on or using the voltage at the terminals of the battery/cell. (See, FIG. 31). Such data may be arranged in a look-up table that includes or stores data which is representative of the voltage-charge curves characteristic of the chemistry in use to determine a corresponding SOC based on or using the voltage of the battery/cell for a particular SOH of the battery/cell”),
and in conjunction with the data output, to use the piece of information about the state of health of the battery in the transportation device and/or in an external server (¶0211 “SOH may be employed to improve the accuracy in estimating the SOC of the battery/cell, which may be a measure or estimate of the available discharge capacity”).
Maluf ¶0205 states “present inventions may employ any technique and/or circuitry, whether now known or later developed, to estimate, calculate, measure and/or determine the SOH”. Thereby Maluf encompasses the case wherein the change in voltage during the relaxation period is used to determine the SOH. Furthermore Maluf teaches in 70299 a “charging techniques and/or circuitry adaptively adjusts and/or controls the amount of charge injected into the battery/cell (via controlling, for example, the shape, amplitude and/or duration of the current signal output by the charging circuitry) in a manner so that the voltage at the terminals of the battery/cell is less than a predetermined voltage”. The predetermined voltage described in 90299 is specified to be the maximum voltage based on the type of battery/cell under charging conditions. Maluf also teaches in ¶0327 “any charging technique may be employed in the first charging phase (whether adaptive or otherwise — including the adaptive techniques described in the U.S. Provisional patent applications)”, the broadest reasonable interpretation includes the charging technique as applied to the second phase of charging.
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maluf modified by Takao et al (US 20160218525 A1).
Regarding claim 17, Maluf teaches the method as recited in claim 12. Maluf does not teach a method for ascertaining a state of health of a battery for a transportation device further comprising: ascertaining a cell balancing need of the battery; and carrying out a cell balancing as a function of the ascertained cell balancing need, the cell balancing being carried out: immediately prior to the first charging phase, and/or in response to a termination of the relaxation phase.
Takao teaches a method for ascertaining a state of health of a battery further comprising: ascertaining a cell balancing need of the battery (¶0006 "discharged by the equalizing unit, in the storage batteries based on a magnitude relation between the deqree of deterioration of each of the storage batteries and the deqree of deterioration of the standard storage battery ");
and carrying out a cell balancing as a function of the ascertained cell balancing need, the cell balancing being carried out (¶0029 "Fqualizing unit 450 performs an equalizing process by discharging the storage battery specified by battery controller"):
immediately prior to the first charging phase, and/or in response to a termination of the relaxation phase (¶0046 "Battery controller 466 starts an equalizing process and then obtains the SOC of the specified storage battery Bj to update the voltage difference ASOCj at a predetermined cycle. At the time when the charge rate difference ASOCj becomes smaller than the fourth threshold value, battery controller 466" wherein the fourth threshold correlates to the start of the first charging phase).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Maluf to ascertaining a cell balancing need of the battery and carrying out a cell balancing as a function of the ascertained cell balancing need, as taught by Takao, for the purpose of ensuring that each cell of the battery maintains the same state of charge to improve lifespan, safety, and performance.
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maluf modified by Ghantous et al (US 20190120910 A1)
Regarding claim 22, Maluf teaches the method as recited in claim 12. Maluf does not teach a method for ascertaining a state of health of a battery for a transportation device wherein the piece of information about the state of health of the battery is used to:compare the state of health of the battery to respective states of health of a multitude of batteries of further transportation devices, and/or automatically classify it into a state of health class using a machine learning method.
Ghantous teaches teach a method for ascertaining a state of health of a battery wherein the piece of information about the state of health of the battery is used automatically classifies it into a state of health class using a machine learning method (¶0059 “Such observing and learning may be implemented as machine learning or deep learning”).
It would have been obvious for one of ordinary skill in the art to modify the method for ascertaining a state of health of battery, as taught by Maluf, to implement machine learning to classify the battery’s state of health using a machine learning method, as taught by Ghantous, for the purpose of improving battery performance and life-span.
Regarding claim 23 , Maluf teaches the method as recited in claim 12. Maluf does not teach a method for ascertaining a state of health of a battery for a transportation device wherein, as a function of a result of the ascertainment of the state of health of the battery: an information message is output to a driver of the transportation device, the information message encompassing a recommendation for a future charging behavior,and/or a future driving behavior, and/or future usage time periods, and/or a point in time for a battery replacement; and/or usage options of the transportation device are automatically adapted based on predefined criteria.
Ghantous teaches a method for ascertaining a state of health of a battery as a function of a result of the ascertainment of the state of health of the battery: an information message is output to a driver of the transportation device, the information message encompassing a recommendation a point in time for a battery replacement (¶0108 “it might trigger a warranty clause for the device and/or battery, and/or it might suqqest early replacement of the battery”).
It would have been obvious for one of ordinary skill in the art to modify the method for ascertaining a state of health of battery, as taught by Maluf, to notify the driver to replace the battery as taught by Ghantous for the purpose of improved user experience for vehicle maintenance and safe operation of the electric vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited by Examiner attached to this correspondence.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA M KOTOWSKI whose telephone number is (571)270-3771. The examiner can normally be reached Monday-Friday 8a-5p.
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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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/LISA KOTOWSKI/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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