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 .
Status of the Claims
In the communication filed on 05/27/2025 claims 1-8 and 10-11 are pending. Claims 1-6 and 10-11 are amended. Claim 8 is cancelled. Claims 1, 10, and 11 are independent.
Response to Arguments/Amendments
Applicant’s arguments and amendments, filed 05/27/2025, with respect to the rejections of claims 1, 3-5, 7-8, and 10-11 under 35 U.S.C. § 102(a)(1) and 102(a)(2) over Mitsuyama (USPGPN 20130110429) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejections are made in view of different interpretation of the previously applied reference. The applicant added the limitations of cancelled claim 9 into independent claims 1, 10, and 11. The language from the original claim 9 was modified from the limitation “...using power when the power is discharged by the discharge control unit” to “...using power outputted at the time of performing the deep discharging.” Further, the applicant has amended claims 1, 10, and 11 by adding the limitation “...perform a deep discharging of...,” “...that falls within a range of 0% to 40%...,” and “...to the predetermined SOC.” The amendments made by the applicant have changed the scope of the claims.
With respect to independent claims 1, 10, and 11, the applicant has argued that Mitsuyama fail to teach the amended limitations “a predetermined SOC that falls within a range of 0% to 40%” and “to the predetermined SOC” in pages 9-10 of the applicant’s Remarks. However, the examiner respectfully disagrees.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark (What is deep discharge?. Clark, G. Holo Battery. (2025, May 21). https://holobattery.com/what-is-deep-discharge/)). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
Furthermore, the applicant has argued that Mitsuyama in combination with Mizutani fails to explicitly teach the amended claim 9 language added to claim 1 “performing refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.” However, the examiner respectfully disagrees.
Mizutani teaches a charge control unit configured to perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; controller 11 selects a rechargeable battery 4-7 to perform charge refresh when the power is discharged to a predetermined level, see ¶’s [24, 28, 32-34, 37-39]. The rechargeable battery may be a lead-acid battery, see ¶ [15]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Mitsuyama’s deep discharge SOC range with Mizutani’s refresh charging of other lead-acid batteries, since it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
The remaining arguments are moot as the applicant’s arguments for the remaining claims were based on dependency of the independent claims.
The claim objection is withdrawn due to the amendments.
The provisional nonstatutory double patenting rejection is updated and maintained due to the amendments.
The 35 U.S.C. § 101 rejection is withdrawn due to the amendments.
This Office Action is made Final due to the amendments made by the applicant.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 and 7-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-8 of copending Application No. 17/782,218 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because swapping the limitations of the claims of the instant application with respect to the claims of the copending application would render them the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application No. 17/781,983
Copending Application No. 17/782,218
A deterioration estimation device comprising: a discharge control unit configured to perform a deep discharging a lead-acid battery or a lead-acid battery module that includes a plurality of lead-acid batteries until the lead-acid battery or the lead-acid battery module reaches a predetermined SOC that falls within a range of 0% to 40%; and a first estimation unit configured to estimate a rate of deterioration of the lead-acid battery or the lead-acid battery module based on internal resistance or conductance of the lead-acid battery or the lead-acid battery module is discharged to the predetermined SOC, wherein the deterioration estimation device further includes a charge control unit configured to perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
A control apparatus comprising a charge controller that, by using power when a lead-acid battery or a lead-acid battery module including a plurality of lead-acid batteries is discharged, performs refresh charge of another lead-acid battery or another lead-acid battery module.
The control apparatus according to claim 1, further comprising an estimation unit that estimates a degree of degradation of the lead-acid battery or the lead-acid battery module based on an internal resistance or conductance derived in a case of the discharge.
A degradation estimating system comprising: the control apparatus according to claim 3; and a terminal that transmits a current, a voltage, or the internal resistance to the control apparatus, wherein the control apparatus transmits the degree of degradation estimated by the estimation unit to the terminal.
Though the claim is silent to the estimation unit being a First Estimation Unit, since there is one it is inherently a first.
Reaching a predetermined SOC is inherent when discharging a lead-acid battery in order to estimate a degree of degradation/rate of deterioration.
The deterioration estimation device according to claim 1, wherein the internal resistance is at least one selected from a group consisting of: a first internal resistance derived based on a current and a voltage immediately before an end of the deep discharging and a current and a voltage immediately after the end of the deep discharging, and a second internal resistance derived based on a current and a voltage immediately before a start of charging after the deep discharging and a current and a voltage immediately after the start of the charging after the deep discharging; and a third internal resistance derived from a response when an alternating current or an alternating voltage is applied to the lead-acid battery having reached the predetermined SOC.
The control apparatus according to claim 3, wherein the internal resistance is at least one of: a first internal resistance derived based on a current and a voltage immediately before end of discharge and a current and a voltage immediately after end of discharge; a second internal resistance derived based on a current and a voltage immediately before start of charge and a current and a voltage immediately after start of charge; and a third internal resistance derived from a response when an AC voltage or an AC current is applied to a discharged lead-acid battery.
Reaching a predetermined SOC is inherent when discharging a lead-acid battery in order to estimate a degree of degradation/rate of deterioration.
The deterioration estimation device according to claim 1, wherein the first estimation unit is configured to input the internal resistance or conductance of the lead-acid battery or the lead-acid battery module that is discharged to the predetermined SOC to a learning model that outputs a rate of deterioration in a case where an internal resistance or a conductance is inputted to the learning module so as to estimate a rate of deterioration of the lead-acid battery or the lead-acid battery module.
The control apparatus according to claim 3, wherein when the internal resistance or the conductance is input, the estimation unit inputs the internal resistance or a conductance of a target lead-acid battery or lead-acid battery module to a learning model that outputs a degree of degradation, and estimates a degree of degradation of the lead-acid battery or lead-acid battery module.
The claim refers to a target lead-acid battery or lead-acid battery module it is inherently the lead-acid battery or lead-acid battery module a degree of degradation/rate of deterioration is being determined.
The deterioration estimation device according to claim 1, wherein, the first estimation unit is configured to input an acquired current or voltage from the lead-acid battery or the lead-acid battery module that is discharged to the predetermined SOC to a learning model that outputs a rate of deterioration in a case where a current or a voltage when discharging is performed until the lead-acid battery or the lead-acid battery module reaches the predetermined SOC is inputted to the deterioration estimation device so as to estimate a rate of deterioration of the lead-acid battery or the lead- acid battery module.
The control apparatus according to claim 3, wherein when a current and a voltage are input when the lead-acid battery or the lead-acid battery module is discharged, the estimation unit estimates a degree of degradation of the lead-acid battery or the lead-acid battery module by inputting the acquired current and voltage to a learning model that outputs a degree of degradation.
Though the claim is silent to the estimation unit being a First Estimation Unit, since there is one it is inherently a first.
Reaching a predetermined SOC is inherent when discharging a lead-acid battery in order to estimate a degree of degradation/rate of deterioration.
The deterioration estimation device according to claim 1, further comprising a load adjustment unit configured to adjust a load of the lead-acid battery or the lead-acid battery module corresponding to the rate of deterioration estimated by the first estimation unit.
The control apparatus according to claim 3, further comprising a load adjustment unit that adjusts a load of the lead-acid battery or the lead-acid battery module according to the degree of degradation estimated by the estimation unit.
Though the claim is silent to the estimation unit being a First Estimation Unit, since there is one it is inherently a first.
A deterioration estimation system comprising: the deterioration estimation device according to claim 1; and a terminal configured to transmit a current, a voltage, the internal resistance or the conductance to the deterioration estimation device, wherein the deterioration estimation device is configured to transmit the rate of deterioration estimated by the first estimation unit to the terminal.
Claims 8/3/1 for rejection dependency but claim 8 subject matter matchup:
A degradation estimating system comprising: the control apparatus according to claim 3; and a terminal that transmits a current, a voltage, or the internal resistance to the control apparatus, wherein the control apparatus transmits the degree of degradation estimated by the estimation unit to the terminal.
Though the claim is silent to the estimation unit being a First Estimation Unit, since there is one it is inherently a first.
Claim 5 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 8 (above) of copending Application No. 17/782,218 (hereinafter ‘218) in view of Mitsuyama et al. (USPGPN 20130110429).
This is a provisional nonstatutory double patenting rejection.
With respect to claim 5, the ‘218 application fails to claim comprising a second estimation unit configured to estimate a time series transition of a future rate of deterioration or a life based on a time series transition of the internal resistance of the lead-acid battery that is discharged to the predetermined SOC or a time series transition of the estimated rate of deterioration.
Mitsuyama teaches comprising a second estimation unit configured to estimate a time series transition of a future rate of deterioration or a life based on a time series transition of the internal resistance of the lead-acid battery that is discharged to the predetermined SOC or a time series transition of the estimated rate of deterioration (Figs. 8-10; Figs. 8 and 9 teach time-series measurement of currents and voltages respectively. These values are measured across the internal resistances/impedances which are input into the adaptive learning model used for determining the estimated future degradation state, see ¶ [67]. Fig. 10 teaches the estimated SOH compared to the actual SOH values indicative of a time-series transition of past estimated values compared to actual SOH values for estimating future degradation state, see ¶ [74]).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective date of the claimed invention to have modified the ‘218 application claims by adding the features disclosed by Mitsuyama. The advantage of this modification being an energy storage apparatus/system with a high level of security and a high degree of reliability may be provided that prevents damage of the batteries during charge operations (in ¶ [46, 49, 51] of Mitsuyama).
Claim 6 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 8 (above) of copending Application No. 17/782,218 (hereinafter ‘218) in view of Mitsuyama et al. (USPGPN 20130110429) in view of Mizutani et al. (USPGPN 20130002026) as evidenced by Clark and iRobot, and further in view of Isa et al. (USPGPN 20210190877), as evidenced by Huang et al. (Fast health state estimation of lead–acid batteries based on multi-time constant current charging curve. Huang, C., & Li, N. MDPI. (2023, November 6). https://www.mdpi.com/2079-9292/12/21/4552).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
With respect to claim 6, the ‘218 application fails to claim wherein the second estimation unit is configured to, when the internal resistance or conductance or the rate of deterioration is inputted to the deterioration estimation device in time series, estimate time series transition of the future rate of deterioration or life of the lead-acid battery or the lead-acid battery module by inputting the internal resistance or conductance of the lead-acid battery or the lead-acid battery module that is discharged to the predetermined SOC or the estimated rate of deterioration to a recurrent neural network that outputs time series transition of the future rate of deterioration or life.
Further, Mitsuyama teaches wherein the second estimation unit is configured to, when the internal resistance or the rate of deterioration is inputted to the deterioration estimation device in time series (Figs. 8-10; Figs. 8 and 9 teach time-series measurement of currents and voltages respectively. These values are measured across the internal resistances/impedances which are input into the adaptive learning model used for determining the estimated future degradation state, see ¶ [67]. Fig. 10 teaches the estimated SOH compared to the actual SOH values indicative of a time-series transition of past estimated values compared to actual SOH values for estimating future degradation state, see ¶ [74]).
Mitsuyama teaches discharged to the predetermined SOC (Fig. 1; The discharging circuit 14 under control of a control unit 10 is configured to discharge a lead-acid battery 13 to a predetermined level dependent of the SOC, see ¶’s [57, 80, and 125]).
However, Mitsuyama fails to explicitly teach configured to estimate time series transition of the future rate of deterioration of the lead-acid battery or the lead-acid battery module by inputting the internal resistance or conductance of the lead-acid battery or the lead-acid battery module or the estimated rate of deterioration to a recurrent neural network that outputs time series transition of the future rate of deterioration.
Isa, in the same field of the invention, teaches configured to estimate time series transition of the future rate of deterioration of the lead-acid battery by inputting the internal resistance of the lead-acid battery to a recurrent neural network that outputs time series transition of the future rate of deterioration (Fig. 1B; time-series parameters/data including the internal resistance are input into the lifetime estimation portion 215 for predicting future deterioration using a recurrent neural network configuration known as a long short-term memory [i.e., LSTM], see ¶ [06, 27, 31, 72]).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective date of the claimed invention to have modified the ‘218 application claims by adding the features disclosed by Mitsuyama and Isa. The advantage of this modification being the deterioration state of a secondary battery is predicted in an accurate manner even in a dynamic environment where temperature and charging voltages may change (in the abstract and ¶ [72] of Isa).
A Long Short-Term Memory (LSTM) neural network is a type of recurrent neural network. Using a LSTM neural network to predict battery wear based on internal resistance is effective because LSTMs can recognize patterns over time. The study explains that an LSTM model was trained to learn from past battery data, including changes in internal resistance, to estimate how long a battery will last. Since internal resistance increases as the battery ages, the model can detect early signs of wear and make more accurate predictions about battery lifespan. (as evidenced by Huang).
Claims 10-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 8 (above) of copending Application No. 17/782,218 (hereinafter ‘218), in view of Mitsuyama et al. (USPGPN 20130110429), and further in view of Mizutani et al. (USPGPN 20130002026), as evidenced by Clark (What is deep discharge?. Clark, G. Holo Battery. (2025, May 21). https://holobattery.com/what-is-deep-discharge/) and iRobot (What is refresh charge mode?. iRobot. (2021, November 19). https://homesupport.irobot.com/s/article/638#:~:text=Description,(Li%2DIon)%20battery.).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
With respect to claim 10, the ‘218 application fails to claim a deterioration estimation method comprising the steps of: deriving an internal resistance or conductance in a case where a deep discharging of a lead-acid battery or a lead-acid battery module that includes a plurality of lead-acid batteries is performed until the lead-acid battery or the lead-acid battery module reaches a predetermined SOC that falls within a range of 0% to 40%;and estimating a rate of deterioration of the lead-acid battery or the lead-acid battery module based on the derived internal resistance or conductance of the lead-acid battery or the lead-acid battery module that is discharged to the predetermined SOC; and performing refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama teaches a deterioration estimation method comprising the steps of deriving an internal resistance in a case where a lead-acid battery is discharged until the lead-acid battery reaches a predetermined SOC (Figs. 1 and 12; a state estimating apparatus 1 comprising a discharging circuit 14, see ¶ [55]. The discharging circuit 14 under control of a control unit 10 is configured to discharge a lead-acid battery 13 to a predetermined level dependent of the SOC, see ¶’s [57, 80, and 125]).
Mitsuyama teaches estimating a rate of deterioration of the lead-acid battery based on the derived internal resistance of the lead-acid battery that is discharged to the predetermined SOC (Figs. 1-2 and 12; a CPU 10a of control unit 10 executes a program 10ba for estimating the degradation state of the lead-acid battery 13 based on the internal resistance obtained when the battery 13 is discharged, see ¶’s [14-16, 56-58, and 80]).
However, Mitsuyama fails to explicitly teach perform a deep discharging; a predetermined SOC that falls within a range of 0% to 40%; and perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
However, Mitsuyama fails to explicitly teach perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mizutani teaches perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; controller 11 selects a rechargeable battery 4-7 to perform charge refresh when the power is discharged to a predetermined level, see ¶’s [24, 28, 32-34, 37-39]. The rechargeable battery may be a lead-acid battery, see ¶ [15]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Mitsuyama’s deep discharge SOC range with Mizutani’s refresh charging of other lead-acid batteries, since it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Refresh charging is a process designed to extend the life of a battery when a battery is not being actively used for an extended period of time. This process involves a longer than usual charging cycle that helps restore the battery’s performance and capacity. Refresh charging ensures optimal power retention and longevity by preventing battery degradation caused by prolonged inactivity (as evidenced by iRobot).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective date of the claimed invention to have modified the ‘218 application claims by adding the features disclosed by Mitsuyama. The advantage of this modification being an energy storage apparatus/system with a high level of security and a high degree of reliability may be provided that prevents damage of the batteries during charge operations (in ¶ [46, 49, 51] of Mitsuyama).
With respect to claim 11, the ‘218 application fails to claim a non-transitory computer-readable medium storing a computer program that allows a computer to execute processing that includes: deriving an internal resistance or conductance in a case where a deep discharging of a lead-acid battery or a lead-acid battery module that includes a plurality of lead-acid batteries is performed until the lead-acid battery or the lead-acid battery module reaches a predetermined SOC that falls within a range of 0% to 40%; estimating a rate of deterioration of the lead-acid battery or the lead-acid battery module based on the derived internal resistance or conductance of the lead-acid battery or the lead-acid battery module that is discharged to the predetermined SOC; and performing refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama teaches a non-transitory computer-readable medium storing a computer program that allows a computer to execute processing that includes deriving an internal resistance in a case where a lead-acid battery is discharged until the lead-acid battery reaches a predetermined SOC and estimating a rate of deterioration of the lead-acid battery based on the derived internal resistance (Figs. 1-2; a CPU 10a of control unit 10 executes a program 10ba for estimating the degradation state of the lead-acid battery 13 based on the internal resistance obtained when the battery 13 is discharged to a predetermined level dependent of the SOC, see ¶’s [14-16, 56-58, 80 and 125]).
However, Mitsuyama fails to explicitly teach perform a deep discharging; a predetermined SOC that falls within a range of 0% to 40%; and perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
However, Mitsuyama fails to explicitly teach perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mizutani teaches perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; controller 11 selects a rechargeable battery 4-7 to perform charge refresh when the power is discharged to a predetermined level, see ¶’s [24, 28, 32-34, 37-39]. The rechargeable battery may be a lead-acid battery, see ¶ [15]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Mitsuyama’s deep discharge SOC range with Mizutani’s refresh charging of other lead-acid batteries, since it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Refresh charging is a process designed to extend the life of a battery when a battery is not being actively used for an extended period of time. This process involves a longer than usual charging cycle that helps restore the battery’s performance and capacity. Refresh charging ensures optimal power retention and longevity by preventing battery degradation caused by prolonged inactivity (as evidenced by iRobot).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective date of the claimed invention to have modified the ‘218 application claims by adding the features disclosed by Mitsuyama. The advantage of this modification being an energy storage apparatus/system with a high level of security and a high degree of reliability may be provided that prevents damage of the batteries during charge operations (in ¶ [46, 49, 51] of Mitsuyama).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-5, 7-8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuyama et al. (USPGPN 20130110429) in view of Mizutani et al. (USPGPN 20130002026), as evidenced by Clark (What is deep discharge?. Clark, G. Holo Battery. (2025, May 21). https://holobattery.com/what-is-deep-discharge/) and iRobot (What is refresh charge mode?. iRobot. (2021, November 19). https://homesupport.irobot.com/s/article/638#:~:text=Description,(Li%2DIon)%20battery.).
First, the examiner notes the applicant in ¶ [118] of the specification discloses the control unit 11 is the same as the discharge control unit, the first estimation unit, the second estimation unit, the load adjustment unit, and the charge control unit. For purposes of examination these limitations will be considered as the same.
With respect to claim 1, Mitsuyama teaches a deterioration estimation device comprising a discharge control unit configured to perform a discharging of a lead-acid battery until the lead-acid battery reaches a predetermined SOC (Fig. 1; a state estimating apparatus 1 comprising a discharging circuit 14, see ¶ [55]. The discharging circuit 14 under control of a control unit 10 is configured to discharge a lead-acid battery 13 to a predetermined level dependent of the SOC, see ¶’s [57, 80, and 125]).
Mitsuyama teaches a first estimation unit configured to estimate a rate of deterioration of the lead-acid battery based on internal resistance of the lead-acid battery is discharged to the predetermined SOC (Figs. 1-2; a CPU 10a of control unit 10 executes a program 10ba for estimating the degradation state of the lead-acid battery 13 based on the internal resistance obtained when the battery 13 is discharged to the predetermined SOC, see ¶’s [14-16, 56-58, and 80]).
However, Mitsuyama fails to explicitly teach perform a deep discharging; a predetermined SOC that falls within a range of 0% to 40%; and wherein the deterioration estimation device further includes a charge control unit configured to perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
However, Mitsuyama fails to explicitly teach wherein the deterioration estimation device further includes a charge control unit configured to perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mizutani teaches a charge control unit configured to perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; controller 11 selects a rechargeable battery 4-7 to perform charge refresh when the power is discharged to a predetermined level, see ¶’s [24, 28, 32-34, 37-39]. The rechargeable battery may be a lead-acid battery, see ¶ [15]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Mitsuyama’s deep discharge SOC range with Mizutani’s refresh charging of other lead-acid batteries, since it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Refresh charging is a process designed to extend the life of a battery when a battery is not being actively used for an extended period of time. This process involves a longer than usual charging cycle that helps restore the battery’s performance and capacity. Refresh charging ensures optimal power retention and longevity by preventing battery degradation caused by prolonged inactivity (as evidenced by iRobot).
With respect to claim 3, Mitsuyama teaches the invention as discussed above in claim 1. Further, Mitsuyama teaches wherein the first estimation unit is configured to input the internal resistance of the lead-acid battery that is discharged to the predetermined SOC to a learning model that outputs a rate of deterioration in a case where an internal resistance is inputted to the learning model so as to estimate a rate of deterioration of the lead-acid battery (Figs. 1-2; the internal resistance is input into the adaptive learning section/estimating section/CPU 10a which provides an estimated degradation state of the battery 13, see ¶ [15, 18]. The estimating section and the adaptive learning section are the CPU 10a, see ¶ [115]).
With respect to claim 4, Mitsuyama teaches the invention as discussed above in claim 1. Further, Mitsuyama teaches wherein, the first estimation unit is configured to input an acquired current or voltage from the lead-acid battery that is discharged to the predetermined SOC to a learning model that outputs a rate of deterioration in a case where a current or a voltage when discharging is performed until the lead-acid battery reaches the predetermined SOC is inputted to the learning model so as to estimate a rate of deterioration of the lead-acid battery (Figs. 1-2; the measured voltage and current are input into the adaptive learning section/estimating section/CPU 10a which provides an estimated degradation state of the battery 13, see ¶ [15, 18]. The estimating section and the adaptive learning section are the CPU 10a, see ¶ [115]).
With respect to claim 5, Mitsuyama teaches the invention as discussed above in claim 1. Further, Mitsuyama teaches comprising a second estimation unit configured to estimate a time series transition of a future rate of deterioration or a life based on a time series transition of the internal resistance of the lead-acid battery that is discharged to the predetermined SOC or a time series transition of the estimated rate of deterioration (Figs. 8-10; Figs. 8 and 9 teach time-series measurement of currents and voltages respectively. These values are measured across the internal resistances/impedances which are input into the adaptive learning model used for determining the estimated future degradation state, see ¶ [67]. Fig. 10 teaches the estimated SOH compared to the actual SOH values indicative of a time-series transition of past estimated values compared to actual SOH values for estimating future degradation state, see ¶ [74]).
With respect to claim 7, Mitsuyama teaches the invention as discussed above in claim 1. Further, Mitsuyama teaches further comprising a load adjustment unit configured to adjust a load of the lead-acid battery corresponding to the rate of deterioration estimated by the first estimation unit (Fig. 1 and 12; the present discharge current to the load 17 from the battery 13 is updated based on the outputs of the estimation in step 24, see ¶ [100]).
With respect to claim 8, Mitsuyama teaches the invention as discussed above in claim 1. Further, Mitsuyama teaches a deterioration estimation system comprising the deterioration estimation device (Fig. 1; a state estimating apparatus 1 is a system considering the components such as the battery 13, the alternator 15, the starter motor 16, and the load 17 are part of the vehicle system while the control unit 10, the voltage detecting unit 11, the current detecting unit 12, and the discharging circuit 14 are the components used for estimating degradation as taught in Mitsuyama, see ¶ [55; for vehicle system relevance]).
Mitsuyama teaches a terminal configured to transmit a current, a voltage, or the internal resistance to the deterioration estimation device, wherein the deterioration estimation device is configured to transmit the rate of deterioration estimated by the first estimation unit to the terminal (Fig. 1; the voltage detecting unit 11 and the current detecting unit 12 measure the current and voltage of the terminals and input these to control unit 10 for the degradation state estimation process. The estimation results are used to update the present discharge current to the load through the terminals, see ¶ [100]).
With respect to claim 10, Mitsuyama teaches a deterioration estimation method comprising the steps of deriving an internal resistance in a case where a lead-acid battery is discharged until the lead-acid battery reaches a predetermined SOC (Figs. 1 and 12; a state estimating apparatus 1 comprising a discharging circuit 14, see ¶ [55]. The discharging circuit 14 under control of a control unit 10 is configured to discharge a lead-acid battery 13 to a predetermined level dependent of the SOC, see ¶’s [57, 80, and 125]).
Mitsuyama teaches estimating a rate of deterioration of the lead-acid battery based on the derived internal resistance of the lead-acid battery that is discharged to the predetermined SOC (Figs. 1-2 and 12; a CPU 10a of control unit 10 executes a program 10ba for estimating the degradation state of the lead-acid battery 13 based on the internal resistance obtained when the battery 13 is discharged, see ¶’s [14-16, 56-58, and 80]).
However, Mitsuyama fails to explicitly teach perform a deep discharging; a predetermined SOC that falls within a range of 0% to 40%; and perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
However, Mitsuyama fails to explicitly teach perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mizutani teaches perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; controller 11 selects a rechargeable battery 4-7 to perform charge refresh when the power is discharged to a predetermined level, see ¶’s [24, 28, 32-34, 37-39]. The rechargeable battery may be a lead-acid battery, see ¶ [15]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Mitsuyama’s deep discharge SOC range with Mizutani’s refresh charging of other lead-acid batteries, since it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Refresh charging is a process designed to extend the life of a battery when a battery is not being actively used for an extended period of time. This process involves a longer than usual charging cycle that helps restore the battery’s performance and capacity. Refresh charging ensures optimal power retention and longevity by preventing battery degradation caused by prolonged inactivity (as evidenced by iRobot).
With respect to claim 11, Mitsuyama teaches a non-transitory computer-readable medium storing a computer program that allows a computer to execute processing that includes deriving an internal resistance in a case where a lead-acid battery is discharged until the lead-acid battery reaches a predetermined SOC and estimating a rate of deterioration of the lead-acid battery based on the derived internal resistance (Figs. 1-2; a CPU 10a of control unit 10 executes a program 10ba for estimating the degradation state of the lead-acid battery 13 based on the internal resistance obtained when the battery 13 is discharged to a predetermined level dependent of the SOC, see ¶’s [14-16, 56-58, 80 and 125]).
However, Mitsuyama fails to explicitly teach perform a deep discharging; a predetermined SOC that falls within a range of 0% to 40%; and perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mitsuyama discloses the claimed invention except for a predetermined SOC that falls within a range of 0% to 40%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine that the predetermined SOC range should fall within a range of 0% to 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
It is well known by one of ordinary skill in the art that deep discharging a lead-acid battery involves discharging to SOC ranges below 50% (as evidenced by Clark). Therefore, during the discovery of the optimum or workable range to fall within a SOC range of 0% - 40% it would be well known by one of ordinary skill in the art that this SOC range is reached during deep discharging of the lead-acid battery.
However, Mitsuyama fails to explicitly teach perform refresh charging of other lead-acid batteries or other lead-acid battery modules using power outputted at the time of performing the deep discharging.
Mizutani teaches perform refresh charging of other lead-acid batteries using power outputted at the time of performing the discharging (Fig. 1; co