DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/25/2025 has been entered.
Claim Rejections - 35 USC § 112(b)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 12 is 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.
Claim 12 recites the limitation “the mounting portion” in line 4 which lacks antecedent basis.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Following amendment, the entirety of claim 8 is now incorporated into claim 1 and as such claim 8 does not further limit the subject matter.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over NISHIGAKI (JP 2014050138 A, English translation used for citations) in view of CHA (US 20160303976 A1) in view of KURANUKI (US 20230095740 A1) in view of TAKENAKA (US 20110056811 A1).
Regarding claim 1, NISHIGAKI discloses a battery pack (battery 3), which is configured to be mountable to and detachable (“mounted on the vehicle 2” [0015] as well as “when a user installs the battery 3 in the vehicle 2 and connects the battery side connector 31 to the vehicle side connector 21” [0021] therefore disclosing mountable and detachable) from a vehicle (vehicle 2) driven by a motor (“motor” [0017] powered by inverter circuit 22) and having a vehicle control unit (driving control ECU 24) to supply a driving power to the motor, the battery pack comprising:
a battery assembly having at least one secondary battery (“assembled batteries 32-1 to 32-3” [0022]);
a power supply terminal (battery side connector 31) configured to be connectable to a connection terminal of the vehicle that is connected to the vehicle control unit and the motor (vehicle side connector 21);
a power supply path located between the power supply terminal and the battery assembly and configured to supply a power from the battery assembly to the power supply terminal (Fig. 1, path from batteries 32-1 to 32-3 to battery side connector 31 through switch 33-4);
a switching unit provided on the power supply path and configured to electrically turn on/off the power supply path (switch 33-4);
a mounting recognition unit configured to recognize whether the battery pack is mounted to the vehicle (connector connection determination unit 354 wherein detecting that the connectors are connected per paragraph [0031] reads on the pack being mounted i.e., attached);
and a processor (switch control unit 351) configured to control the switching unit so that power is supplied from the battery assembly to the vehicle control unit (“switch control section 351 controls the on/off of each of the switches 33-1 to 33-4” [0027] wherein the switch allows power to be supplied to the VCU via the previously discussed path and terminal), when receiving a signal from the mounting recognition unit that the battery pack is recognized as being mounted to the vehicle (“when the detection unit 3543 determines that the battery side connector 31 is connected to the vehicle side connector 21 (S1 is Yes), it outputs a start-up signal to the switch control unit 351 … thereby transitioning the switch control unit 351 … from a sleep state to an active state (S2)” [0032]).
The claim further states “when the vehicle has an auxiliary battery”. Notably NISHIGAKI does not discloses an auxiliary battery. In one interpretation of the claim and based on the term “when”, NISHIGAKI therefore does not need to meet any following optional limitation. In the interest of compact prosecution however, a full rejection is being made.
While NISHIGAKI does further discloses the powering of an auxiliary device 23 [0016], NISHIGAKI does not expressly teach the vehicle includes an auxiliary battery for supplying a power to the vehicle control unit.
CHA is directed to a main battery to supply driving power of a vehicle; a power converter to convert power supplied from the main battery (110) into power for charging an auxiliary battery (120) and a vehicle controller (170) per the Abstract and Fig. 1. CHA discloses an “auxiliary battery 120 is implemented as a low voltage battery and supplies operating power of electric loads” [0036]. CHA further discloses the “power converter 140 converts high voltage DC power supplied from the main battery 110 into low voltage DC power in the state in which the relay of the main battery 110 is turned on to charge the auxiliary battery 120” [0039]. Notably CHA teaches the power converter 140 does not power any other device than the auxiliary battery 120 (Fig. 1 solid lines and [0039]. The vehicle controller is a low voltage electrical load as it is not in electrical i.e. power contact with the main battery 110 in Fig. 1, and is therefore powered by the auxiliary battery 120 and indirectly by the main battery 110. CHA teaches that according to the disclosure it is “possible to avoid accidents due to the sudden stop of the vehicle due to the discharging of the battery and secure the safety” [0070] and depending on the issue may allow operation in a “limp home mode” [0054].
Regarding “and the auxiliary battery of the vehicle is fully discharged”, notably this limitation is only enacted for a moment in time just as charging begins when the SOC for the auxiliary battery is 0%. Notably once the battery reaches a non-zero SOC such as 1% or less, the auxiliary battery is no longer fully discharged. Furthermore, CHA discloses the “vehicle inevitably consumes a minimum current for driving even during the limp home driving based on the engine driving, and therefore the battery is discharged” [0006]. As such, CHA recognizes situations in which batteries are fully discharged. Combined with previously mentioned power converter 140 charging the auxiliary battery [0039], there is no indication that CHA fails to at least partially charge and the auxiliary battery to provide power to the control unit.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the auxiliary battery and power delivery to said auxiliary battery of CHA to the vehicle of NISHIGAKI electrically between the main battery and the vehicle control unit because of the ability to have the vehicle controller active even when there is an issue with the main battery thereby allowing for at least temporary safe operation of the vehicle.
Following the addition, modified NISHIGAKI discloses the vehicle includes an auxiliary battery for supplying a power to the vehicle control unit (as taught by CHA), and the auxiliary battery of the vehicle is fully discharged (as taught by CHA), the processor is configured to control the switching unit so that a power is supplied from the battery assembly (as taught by NISHIGAKI) to the auxiliary battery, thereby supplying a power to the vehicle control unit indirectly (as taught by CHA).
Regarding limitations toward the mounting recognition unit, NISHIGAKI discloses connector connection determination unit 354 wherein detecting that the connectors are connected per paragraph [0031] reads on the pack being mounted i.e., attached.
NISHIGAKI does not expressly teach the mounting recognition unit is configured to be physically deformed when the battery pack is placed at a designated position of the vehicle to recognize whether the battery pack is mounted.
KURANUKI is directed to a power storage pack capable of being mounted to and unmounted from an electric moving body [0001]. KURANUKI discloses “Fitting detector 18 detects a fitting state between the connector of battery pack 10 and the connector of battery mounting unit 31 of vehicle 30” [0057]. KURANUKI discloses the fitting detector may be a “sensor that mechanically detects the presence or absence of connection” [0057] as well as “a magnetic method or a mechanical method” [0064], wherein mechanically/mechanical reads on the claimed physically deformed. KURANUKI teaches processor 13, which is inside the battery pack as seen in Fig. 4, is activated upon signal from the fitting detector 18 and shutdown or put in a standby mode upon loss of the signal [0059].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the detecting switch of KURANUKI to the mounting unit of NISHIGAKI to activate and deactivate the battery processor.
Following the addition, modified NISHIGAKI discloses the mounting recognition unit is configured to be physically deformed (as taught by KURANKI) when the battery pack is placed at a designated position of the vehicle to recognize whether the battery pack is mounted.
While the basic components of a mechanical interlock type switch that completes a circuit are well known to PHOSITA, modified NISHIGAKI (specifically KURANKI) does not disclose details regarding coupling pieces, moving covers, etc.
TAKENAKA is directed to an interlock switch and is analogous in that an interlock switch is widely applicable to many arts and applications.
TAKENAKA discloses switch 10 with that is “turned on/off by pressing members” [0010] which is a standard switch with a ball plunger and actuator arm 10a. In addition to the spring that is internal to the standard switch 10, TAKENAKA further discloses spring 16 “stretched between the holding member 11 a and the holding member 11 b” [0040], as shown in Figs. 5 and 6.
TAKENAKA teaches the benefit of the multiple spring and arm approach is that when a “rib becomes higher due to dimensional variations of the components, as shown in FIG. 6, the switch 10 rotates against the pulling force of the spring 16 and an arm 10 a is prevented from being deformed” [0041].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the interlock, holding members, springs and arm of TAKENAKA as the mechanical fitting sensor of modified NISHIGAKI to account for dimensional variations of components.
Therefore, modified NISHIGAKI discloses the mounting recognition unit includes: coupling pieces including an electrically conductive material and spaced apart from each other by a first distance (internal to switch 10 of TAKENAKA), a moving cover (arm 10 of TAKENAKA), a connection piece located on the moving cover and spaced apart from the coupling pieces by a second distance (ball plunger of switch 10 of TAKENAKA, as shown in Figs. 5 and 6), and an elastic body connected to the moving cover (spring 16 connected to the arm 10 via holding member 11a of TAKENAKA, as shown in Figs. 5 and 6).
Regarding claim 8, see the rejection of claim 1 which, following amendment, fully incorporates claim 8.
Regarding claim 10, modified NISHIGAKI discloses all the claim limitations as set forth above and NISHIGAKI further discloses a vehicle (“mounted in a vehicle” [0001]), comprising the battery pack according to claim 1 (as discussed in the rejection of claim 1).
Regarding claim 11, notably the claim requires an auxiliary battery. As such, and as discussed in the rejection of claim 1, in one interpretation of claim 1 and based on the term “when” of claim 1, NISHIGAKI does not need to meet any following optional limitation. In the interest of compact prosecution however, a full rejection is being made. Modified NISHIGAKI discloses all the claim limitations as set forth above and CHA further discloses when the auxiliary battery is fully discharged (as discussed in the rejection of claim 1, there is no indication the teachings of CHA would fail to pertain to a situation in which the auxiliary battery was fully discharged), the auxiliary battery is charged as soon as the battery pack is mounted to the vehicle (there is no disclosure of a time delay in modified NISHIGAKI, therefore any charging and powering of the control unit reads on “as soon as”), so that the vehicle is started and operated normally (the structure of modified NISHIGAKI is capable of performing the stated function in that NISHIGAKI discloses “driving control ECU 24 controls the operation … thereby performing control related to driving of the vehicle 2, such as starting, accelerating, and decelerating” [0019] and modified NISHIGAKI teaches the control unit would have power, as discussed in the rejection of claim 1, and therefore be operational).
Regarding claim 12, modified NISHIGAKI all the claim limitations as set forth above and modified NISHIGAKI discloses a pack case forming a part of a surface of the battery pack (a battery module or pack will have a cover or case of some kind). TAKENAKA further discloses the elastic body is further connected to the pack case and is configured to be stretched in a direction when the mounting portion is mounted on a portion of the vehicle, and the portion of the vehicle pushes against the moving cover to close the second distance between the moving cover and the coupling pieces (spring 16 is “stretched between the holding member 11 a and the holding member 11 b” [0040] and as shown in Figs. 5 and 6 when pressing member 14, which maps to pushing portion of the vehicle, engages arm 10a the spring 16 stretches).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over NISHIGAKI in view of CHA in view of KURANUKI in view of TAKENAKA in view of FUKUYA (JP 6603085 B2, English translation used for citations).
Regarding claim 2, NISHIGAKI discloses battery ECU 35 is in communication with vehicle ECU 24 via CAN communication units 353 and 241 (Fig. 1 and paragraph [0029]).
NISHIGAKI does not expressly teach the processor is configured to be communicable with the vehicle control unit and transmit a response signal to the vehicle control unit when receiving a start request signal of a user from the vehicle control unit.
FUKUYA is directed to a vehicle power supply device and a vehicle control device that controls the power supply of a battery mounted in a vehicle [0001]. Similar to NISHIGAKI, FUKUYA discloses a battery pack (“battery unit 21” [0020]) with a processor (“battery controller 5” [0015]) and a vehicle control unit (“vehicle controller 6” [0014]). FUKUYA discloses communication between the MPU 12 and the vehicle controller 6 via communication line 8 (Fig. 1 and [0017]). FUKUYA further discloses Fig. 2 which is a flow chart beginning with S11 which happens when the “vehicle driver turns the ignition key on” [0023]. At that time, the “vehicle control controller 6 detects that the ignition key is on, and the vehicle control controller 6 sends a signal via the communication line 8 to the battery controller 5” [0023] and the “battery controller 5 is programmed to transmit the diagnosis results in accordance with an instruction from the vehicle control controller 6” [0023]. Therefore, FUKUA teaches two-way communication from the battery unit to the vehicle controller at the time the user starts the vehicle. The two-way communication allows the battery unit to send self-diagnosis results [0023].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the communication at the time of start request of FUKUYA to the communications between battery pack and vehicle control unit of NISHIGAKI in order to transmit diagnostic results.
Following the addition, modified NISHIGAKI discloses the processor is configured to be communicable with the vehicle control unit (as taught by NISHIGAKI) and transmit a response signal to the vehicle control unit when receiving a start request signal of a user from the vehicle control unit (as taught by FUKUYA).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over NISHIGAKI in view of CHA in view of KURANUKI in view of TAKENAKA in view of MATSUDA (US 20150280467 A1).
Regarding claim 3, NISHIGAKI discloses the power supply terminal includes: a control power terminal configured to be connectable to a connection terminal of the vehicle control unit (“the battery side power terminal Pb and the vehicle side power terminal Pv, the battery side power terminal GNDb and the vehicle side power terminal GNDv” [0021] as well as Fig. 1).
NISHIGAKI discloses wherein the power supply path includes: a control power path connected between the battery assembly and the control power terminal and configured to supply an operation power to the vehicle control unit (Fig. 1, path from batteries 32-1 to 32-3 to battery side connector 31 to vehicle side connector 21 to ECU 24).
NISHIGAKI further discloses the driving power terminal functionality is provided by the control power terminal defined above because the power is shared between the control unit 24 and the inverter 22 of the motor (Fig. 1).
NISHIGAKI does not expressly teach a separate driving power terminal configured to be connectable to a connection terminal of the motor.
MATSUDA is directed to a battery pack mounted to a vehicle body. MATSUDA discloses Fig. 3 wherein running-phase power feeding connector 63 connects battery 62 to the inverter 18 which is connected to the motor 14. This path (battery live line 67) includes relays 68a and 68b controlled by the battery monitoring unit 65 [0056]. The running-phase power feeding connector 63 is notably separate of pack-side output connector 71 which supplies power to a low-voltage battery 26 which in turn provides power to vehicle control unit 17. MATSUDA teaches the voltage provided to the motor may be “high voltage (e.g., 100 V), which is suitable for driving the electric motor 14” [0046] and voltage provided to the pack-side output connector 71 may be “low voltage” [0067].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the separate high voltage driving power terminal and path to the motor of MATSUDA to the power supply terminal of NISHIGAKI because it would allow for the separation of the high and low voltage power.
Following the addition, modified NISHIGAKI discloses a driving power terminal configured to be connectable to a connection terminal of the motor (as taught by MATSUDA).
Modified NISHIGAKI further discloses the power supply path includes: a driving power path connected between the battery assembly and the driving power terminal and configured to supply the driving power to the motor (as taught by MATSUDA).
Regarding claim 4, NISHIGAKI discloses the switching unit includes: a control switching unit provided on the control power path and configured to turn on and off supply of the operation power (switch 33-4);
Modified NISHIGAKI discloses the switching unit includes: a driving switching unit provided on the driving power path and configured to turn on and off supply of the driving power (MATSUDA relays 68a and 68b, Fig. 3).
Regarding claim 5, NISHIGAKI discloses the processor is configured to turn on the control switching unit so that the operation power is supplied from the battery assembly to the vehicle control unit (“switch control section 351 controls the on/off of each of the switches 33-1 to 33-4” [0027] wherein the switch 33-4 allows power to be supplied to the VCU via the previously discussed path and terminal), when the mounting recognition unit recognizes that the battery pack is mounted (“when the detection unit 3543 determines that the battery side connector 31 is connected to the vehicle side connector 21 (S1 is Yes), it outputs a start-up signal to the switch control unit 351 … thereby transitioning the switch control unit 351 … from a sleep state to an active state (S2)” [0032]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over NISHIGAKI in view of CHA in view of KURANUKI in view of TAKENAKA in view of MATSUDA in view of FUKUYA.
Regarding claim 6, modified NISHIGAKI discloses the battery pack according to claim 5, as discussed in the rejection of claim 5. NISHIGAKI discloses “switch control section 351 controls the on/off of each of the switches 33-1 to 33-4” [0027] wherein the switch 33-4 allows power to be supplied to the inverter via the previously discussed path and terminal. MATSUDA discloses the driving power path (battery live line 67) includes relays 68a and 68b controlled by the battery monitoring unit 65 [0056]. MATSUDA further discloses “the relays 68a and 68b keep the battery live line 67 open until the preparation for starting driving the electric motor 18 is completed” [0094].
Modified NISHIGAKI does not expressly teach the processor is configured to turn on the driving switching unit so that the driving power is supplied from the battery assembly to the motor, when receiving a start request signal of a user from the vehicle control unit.
Similar to NISHIGAKI, FUKUYA discloses a battery pack (“battery unit 21” [0020]) with a processor (“battery controller 5” [0015]) and a vehicle control unit (“vehicle controller 6” [0014]) and a switch for controlling power from the battery to the inverter (relay 3). FUKUYA discloses communication between the MPU 12 and the vehicle controller 6 via communication line 8 (Fig. 1 and [0017]). FUKUYA further discloses Fig. 2 which is a flow chart beginning with S11 which happens when the “vehicle driver turns the ignition key on” [0023]. At that time, the “vehicle control controller 6 detects that the ignition key is on, and the vehicle control controller 6 sends a signal via the communication line 8 to the battery controller 5” [0023]. FUKUYA further discloses step S15 wherein “a relay-on request to turn on the relay 3 is sent from the vehicle control controller 6 to the battery controller 5 via the communication line 8” [0026] and step S17 “where the relay 3 is turned on” [0027]. FUKUYA teaches the steps allow for evaluation of diagnosis results performed by both the battery controller 5 [0027] and vehicle controller 6 [0028].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the communication at the time of start request as well as control of the relay of FUKUYA to the communications between battery pack and vehicle control unit as well as the driving switching unit of modified NISHIGAKI in order to allow for evaluation of diagnosis results prior to turning on the drive power.
Following the addition, modified NISHIGAKI discloses the processor is configured to turn on the driving switching unit so that the driving power is supplied from the battery assembly to the motor (as taught by MATSUDA), when receiving a start request signal of a user from the vehicle control unit (as taught by FUKUYA).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over NISHIGAKI in view of CHA in view of KURANUKI in view of TAKENAKA in view of SON (JP 2020010598 A).
Regarding claim 9, NISHIGAKI discloses the battery pack of claim 1, as discussed in the rejection of claim 1.
NISHIGAKI does not expressly teach the mounting recognition unit includes a global positioning system (GPS) module to recognize whether the battery pack is mounted.
SON is directed to a battery that is mounted on an electric automobile and a global positioning system (GPS) unit built into the battery housing (Abstract). SON discloses “position acquisition unit 126 is, for example, a GPS (Global Positioning System) unit, and acquires GPS data as the position of the battery 100” [0016]. SON teaches the position information may be used to determine “the position of the charging station that is closest to the position indicated by the position information of the battery 100” [0022] as well as use of position information if the battery is stolen [0027]. SON further teaches the system allows for “indicating the location of the electric vehicle that is closest to the location indicated by the received location information of the battery 100” [0034], therefore the battery of SON with its position acquisition unit 126 has the structure capable of determining the battery is close enough to the electric vehicle to be mounted.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the position acquisition unit of SON to the mounting recognition unit of NISHIGAKI in order to determine the position of the battery relative to charging stations and electric vehicles.
Following the addition, modified NISHIGAKI discloses the mounting recognition unit (as taught by NISHIGAKI) includes a global positioning system (GPS) module to recognize whether the battery pack is mounted (as taught by SON).
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to amended claim 1 and new claim 12 have been considered but are moot because the new ground of rejection does not rely on any interpretation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721