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 Amendment
Claims 1, 3, and 5-17 are pending. The amendment filed 03/23/2026 has been entered but does not place the application in condition for allowance. New claim 17 has been considered. The amendment to claim 1 overcomes the prior art rejection over Eberhard to the original claim.
New rejections follow.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. US 12438201 B2 in view of Eberhard et al (US 2018/0109328 A1) and Eichhorn et al (WO 2018071829 A1).
Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 1:
Application 17/795,832
U.S. Patent No. US 12438201 B2
Claim 1
Claim 2 (includes limitations of parent claim 1)
A battery pack, comprising:
a pack case;
a plurality of battery modules installed in the pack case;
a plurality of slave modules mounted to a respective one of the plurality of battery modules to monitor a state of the plurality of battery modules,
Claim 1: A battery rack, comprising: a rack housing (a pack case) having a cabinet with an inner space formed therein and a door provided to open and close the cabinet;
a plurality of battery modules disposed (installed) in the inner space of the cabinet stacked in an upper and lower direction;
a plurality of slave modules respectively mounted to the plurality of battery modules to monitor a state of each battery module of the plurality of battery modules,
each slave module having a slave antenna for wireless communication;
a master module configured to manage the state of the battery modules based on information obtained from the plurality of slave modules and having a master antenna for wireless communication;
each slave module of the plurality of slave modules having a slave antenna for wireless communication;
a master module disposed at one of an interlayer, a top and a bottom of the plurality of battery modules to manage states of the plurality of battery modules based on information provided from the plurality of slave modules and having a master antenna for wireless communication;
and a waveguide installed inside the pack case to form a wireless communication path between the plurality of slave modules and the master module, wherein the waveguide includes:
a body portion having a hollow tube shape; at least one slave docking portion extending outwardly from the body portion and having a first side communicating with the body portion and a second side provided in surface contact with at least one slave module of the plurality of slave modules; and
a master docking portion extending outwardly from the body portion having a first side communicating with the body portion and a second side provided in surface contact with the master module,
and a waveguide installed at an inner surface of the door to form a wireless communication path between the plurality of slave modules and the master module,
wherein the waveguide includes:
a body portion having a hollow tube shape and disposed to extend along a height direction of the door;
at least one slave docking portion having a first side provided to communicate with the body portion and a second side provided to make surface contact with a slave module of the plurality of slave modules when the door is closed; and
a master docking portion having a first side provided to communicate with the body portion and a second side provided to make surface contact with the master module when the door is closed.
*Accordingly, the waveguide is inside the rack housing (pack case) when the door is closed
wherein the at least one slave docking portion is a plurality of slave docking portions, and the plurality of slave docking portions are positioned in pairs extending in different directions from opposite sides of the body portion and at predetermined intervals along an extension direction of the body portion.
Claim 2: The battery rack according to claim 1, wherein the at least one slave docking portion is a plurality of slave docking portions, and the plurality of slave docking portions are located at every interval corresponding to an interval of the plurality of battery modules.
However, claim 1 of U.S. Patent No. US 12438201 B2 fails to claim wherein the at least one slave docking portion extends outwardly from the body portion, a master docking portion extends outwardly from the body portion, and the plurality of slave docking portions are positioned in pairs extending in different directions from opposite sides of the body portion and at predetermined intervals along an extension direction of the body portion.
In the same field of endeavor, Eberhard teaches a waveguide configured to transport optical signals, i.e. a body portion of a light tube 730 (Fig. 7) (730) that has regularly spaced component light guide components 915, and wherein each light guide component has two light guides ([0088]). Eberhard discloses “The first light guide is aligned with a first module-side optical transceiver of a first battery module in a first battery module compartment (or associated intervening light guide), while the second light guide is aligned with a second module-side optical transceiver of a second battery module in a second battery module compartment (or associated intervening light guide)” ([0088]). The module-side optical transceiver of a battery module reads on a slave module, and accordingly, the pair of light guides of each light guide component corresponds to a pair of slave docking portions.
Annotated Fig. 9 of Eberhard, reproduced below, shows the light guide component has two protrusions extending downward and outward from the body portion, which read in the context of paragraph [0088], is expected to correspond to a pair of two light guides, i.e. a pair of slave docking portions, and the two light guides of a pair are positioned on opposite sides (one on the left side, one on the right side) of the body portion. Thus, they read on the limitations of at least one slave docking portion extending outwardly from the body portion and the plurality of slave docking portions are positioned in pairs at opposite sides of the body portion.
Annotated Fig. 9 of Eberhard:
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Fig. 7 of Eberhard also shows the body portion of the light tube 730 to have the light guide component 915 positioned at predetermined intervals along an extension direction of the body portion. Accordingly, the pairs of slave docking portions corresponding to their respective light guide components are also positioned at predetermined intervals along an extension direction of the body portion, and thereby read on the claimed limitation of the plurality of slave docking portions are positioned in pairs at opposite sides of the body portion and at predetermined intervals along an extension direction of the body portion.
Eberhard also shows in Figs. 11-12 a battery module controller (BMC)-side transceiver (a master docking portion) (1100) extending outwardly from the body portion of the waveguide 730.
Eberhard further teaches their communication interface is suitable for wireless optical signals and has many advantages over wired communication interfaces, especially when used in the context of electric vehicles, such as eliminating or reducing connector failures common to wired connectors and alignment issues with connectors, and providing the required galvanic isolation between the battery modules and the system ([0081]). In view of the motivations of the reduced or eliminated connector failures and aligned issues with connectors and providing the required galvanic isolation between the battery modules, one of ordinary skill in the art would have found it obvious to have modified the battery rack of claim 2 of U.S. Patent No. US 12438201 B2 with the waveguide configuration of Eberhard.
In the same field of endeavor, Eichhorn teaches the body portion of the waveguide 905 (i.e., light tube) having light guide component 915 connected to slave docking portion 1615 or 1915 (i.e., light guide) (Figs. 18 and 22; [0093]-[0098]) wherein the slave docking portions 1615 or 1915 (i.e., light guides) are shown extending out from the side of the body portion to connect to the end plate 1620 of a battery module (Figs. 16-17 as described in [0092]; Figs. 18-19, and 22; [0092]-[0098]). In these embodiments, the laterally adjacent battery module is shown as empty but Eichhorn further indicates that an additional battery module can be inserted into the laterally adjacent battery module compartment, such as in Figs. 18 and 22 and discussed in [0093] and [0097] and also directly suggests this as a suitable option in Fig. 3A; thus, Eichhorn suggests that the same battery module-optical transceiver configurations can be adopted by laterally adjacent battery modules. A skilled artisan would have found it obvious and have been motivated to position battery modules on opposite sides of the body portion given that Eichhorn teaches it is a suitable configuration, and which would result in slave docking portions positioned in pairs extending in different directions from opposite sides of the body portion. A skilled artisan would have found it obvious to have further modified the modified battery rack of claim 2 of U.S. Patent No. US 12438201 B2 to utilize Eichhorn’s arrangements of light guides (i.e., slave docking portions), because Eichhorn teaches they are known and suitable design configurations for attaching module-side optical transceivers to battery modules ([0088]) and specifically teaches that one of the embodiments may reduce the impact of dust on the propagation of optical signals ([0098]).
Accordingly, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. US 12438201 B2 in view of Eberhard et al (US 2018/0109328 A1) and Eichhorn et al (WO 2018071829 A1), and further in view of Razzell et al (US 2019/0252734 Al).
Regarding claim 8:
Application 17/795,832
U.S. Patent No. US 12438201 B2
Claim 8
Claim 6
The battery pack according to claim 1, further comprising: a reflection plate provided inside the body portion and configured to open and close an inner opening of each of the plurality of slave docking portions.
The battery rack according to claim 1, further comprising: a reflection plate provided in the body portion and configured to open and close an inner opening of the at least one slave docking portion, which corresponds to a region communicating with the body portion.
However, claim 6 of U.S. Patent No. US 12438201 B2 only discloses a reflection plate provided in the body portion and configured to open and close an inner opening of the at least one slave docking portion, and fails to claim a reflection plate provided inside the body portion and configured to open and close an inner opening of each of the plurality of slave docking portions.
In the same field of endeavor, Razzell discloses that a master module (106) may issue a shut-down command to slave modules (112) to disconnect their respective battery modules (108) from energy systems ([0022] lines 12-18) in response to detection of an abnormal event such as abnormal battery temperatures, abnormal battery loads, excessive battery cell charge or discharge, or indication of tampering with battery module ([0026] lines 10-23). It is reasonable to expect that a shut- down will include deactivation of wireless communication with a slave module.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the battery rack of claim 6 of U.S. Patent No. US 12438201 B2 to be applicable to deactivating specific battery modules and their respective slave modules during shut down events, as motivated by Razzell. Given that Eberhard teaches each slave module (a module-side optical transceiver of a battery module) is aligned with a respective slave docking portion (light guide) ([0088]), the reflection plate of the combination of claim 6 of U.S. Patent No. US 12438201 B2 in view of Eberhard and further in view of Razzell would be configured to open and close an inner opening of each of the plurality of slave docking portions to have the capability to deactivate a specific battery module during shutdown events.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. US 12438201 B2 in view of Eberhard et al (US 2018/0109328 A1) and Eichhorn et al (WO 2018071829 A1).
Regarding claim 9:
Application 17/795,832
U.S. Patent No. US 12438201 B2
Claim 9
Claim 7
The battery pack according to claim 8, wherein the reflection plate includes a rotary shaft at an inner surface of the body portion and is configured to rotate based on the rotary shaft so that a rotation angle is adjustable.
The battery rack according to claim 6, wherein the reflection plate includes a rotary shaft provided at an edge region of the inner opening and having an adjustable rotation angle.
Claim 6: The battery rack according to claim 1, further comprising: a reflection plate provided in the body portion and configured to open and close an inner opening of the at least one slave docking portion, which corresponds to a region communicating with the body portion.
Because the reflection plate taught by claim 6 of U.S. Patent No. US 12438201 B2 is located in the body portion and configured to open and close an inner opening, its rotary shaft is also in the body portion. The taught rotary shaft is recited as “provided at an edge region of the inner opening”, and thereby reads on the claimed limitation “wherein the reflection plate includes a rotary shaft at an inner surface of the body portion.” The taught reflection plate has a rotary shaft having an adjustable rotation angle reads on the claimed limitation of the reflection plate “configured to rotate based on the rotary shaft so that a rotation angle is adjustable.”
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12438201 B2 in view of Eberhard et al (US 2018/0109328 A1) and Eichhorn et al (WO 2018071829 A1).
Regarding claim 10:
Application 17/795,832
U.S. Patent No. US 12438201 B2
Claim 10
Claim 1
The battery pack according to claim 1, wherein the pack case includes: a pack tray on which the plurality of battery modules are placed; and a pack cover coupled with the pack tray to cover an upper portion of the plurality of battery modules.
A battery rack, comprising: a rack housing (a pack case) having a cabinet with an inner space formed therein (a pack tray) and a door provided to open and close the cabinet (a pack cover coupled with the pack tray); a plurality of battery modules disposed in the inner space of the cabinet stacked in an upper and lower direction (the plurality of battery modules are placed in the pack tray); a plurality of slave modules respectively mounted to the plurality of battery modules to monitor a state of each battery module of the plurality of battery modules, each slave module of the plurality of slave modules having a slave antenna for wireless communication; a master module disposed at one of an interlayer, a top and a bottom of the plurality of battery modules to manage states of the plurality of battery modules based on information provided from the plurality of slave modules and having a master antenna for wireless communication; and a waveguide installed at an inner surface of the door to form a wireless communication path between the plurality of slave modules and the master module, wherein the waveguide includes: a body portion having a hollow tube shape and disposed to extend along a height direction of the door; at least one slave docking portion having a first side provided to communicate with the body portion and a second side provided to make surface contact with a slave module of the plurality of slave modules when the door is closed; and a master docking portion having a first side provided to communicate with the body portion and a second side provided to make surface contact with the master module when the door is closed.
* The plurality of battery modules is disposed in the inner space of the cabinet (pack tray), and the portion of the plurality of battery modules covered by the door (pack cover) when closed would correspond to an upper portion of the plurality of battery modules.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. US 12438201 B2 in view of Eberhard et al (US 2018/0109328 A1) and Eichhorn et al (WO 2018071829 A1).
Regarding claim 11:
Application 17/795,832
U.S. Patent No. US 12438201 B2
Claim 11
Claim 9
The battery pack according to claim 10, further comprising: a wave absorber provided at an inner surface of the pack cover.
The battery rack according to claim 1, further comprising: a radio wave absorbing body (a wave absorber) provided to an inner surface of the door (pack cover).
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, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Eberhard et al (US 2018/0109328 A1) in view of Bharadwaj et al “Optical Antennas,” Advances in Optics and Photonics 1, 438-483 (2009) and Eichhorn et al (WO 2018071829 A1).
Regarding Claim 1, Eberhard teaches a pack case (305A) for housing a plurality of battery modules which are installed in the pack case ([0043]: lines 1-3; Fig. 3A).
A module-side optical transceiver (slave module) is provided for each battery module ([0083]), therefore there is a plurality of slave modules. Eberhard also teaches (Fig. 6) a plurality of battery modules coupled to module-side optical transceivers and a set of sensors, thereby functioning to monitor a state of the plurality of battery module ([0083] lines 1-6). Each of the plurality of slave modules is mounted to a respective one of the plurality of battery modules to monitor a state of the plurality of battery module (Figs. 6 and 12, [0083]: lines 1-13 disclose the module-side transceivers may be secured onto the respective battery modules).
Eberhard also discloses in Fig. 6 a battery module controller (BMC) for the energy storage system, and teaches that a BMC can engage in signaling with battery modules to control load balancing and receive status information from the battery modules ([0050]), therefore the BMC reads on the master module configured to manage the state of the battery modules based on information obtained from the plurality of slave modules.
Eberhard further teaches (Fig. 7) a body portion of light tube (i.e., a waveguide configured to transport optical signals; a tube is by definition a hollow cylinder) (730) that extends across an inner space of the pack case with regularly spaced light guide components 915 (Fig. 7; [0087] discloses the light guide component 915). Eberhard further teaches that optical signals can be communicated wirelessly between the plurality of slave modules and the master module through the light tube 730 for communication ([0072] lines 6-14, [0081], [0092]-[0093], Fig. 12). The light tube 730 within a tunnel space 715 would be understood by a skilled artisan to correspond to a hollow tubular shape.
Eberhard discloses “the light guide component may include first and second light guides that extend into respective laterally adjacent battery module components. The first light guide is aligned with a first module-side optical transceiver of a first battery module in a first battery compartment (or associated intervening light guide), while the second light guide is aligned with a second module-side optical transceiver of a second battery module in a second battery module compartment (or associated intervening light guide)” ([0088]). Because the module-side optical transceiver of a battery module reads on a slave module, accordingly, the pair of light guides of each light guide component corresponds to a pair of slave docking portions. Within the context of the teaching, examination of each light guide component 915 in annotated Fig. 9 (reproduced in an earlier section) indicates that each light guide component has two portions protruding outward and downward from the body portion of the waveguide 730, wherein one portion corresponds to a first light guide and the other portion corresponds a second light guide ([0088]). Each slave docking portion has a first side (the top side) communicating with the body portion, as expected for wireless signals to be communicated between the plurality of slave modules and the master module, and a second side (the bottom side) provided in surface contact with at least one slave module of the plurality of slave modules (as Eberhard teaches in disclosing “The first light guide is aligned with a first module-side optical transceiver of a first battery module…” ([0088])).
Eberhard also shows in Figs. 11-12 a battery module controller (BMC)-side transceiver (a master docking portion) (1100) extending outwardly from the body portion of the waveguide 730 and having a first side communicating with the body portion and a second side provided in surface contact with a BJB (725) ([0091] - [0092]) which can include the BMC ([0083]: lines 21-23, [0085], [0091]).
The body portion 730 has a plurality of light guide components 915, as shown in Fig. 8 below, and as previously discussed, each light guide component has two light guides (two slave docking portions), and annotated Fig. 9 shows they are at opposite sides of the body portion. Therefore, the at least one slave docking portion is a plurality of slave docking portions, and the plurality of slave docking portions are positioned in pairs. Fig. 8 shows that the pairs of slave docking portions are positioned at predetermined intervals along an extension direction of the body portion 730.
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However, Eberhard does not teach each slave module has a slave antenna for wireless communication or that the master module has a master antenna for wireless communication. Eberhard also does not explicitly teach that the plurality of slave docking portions are positioned in pairs extending in different directions from opposite sides of the body portion.
Eberhard does teach that optical signals transported using their wireless optical communications interface may include infrared (IR), near-infrared, ultraviolet, or visible light signals ([0072]), and also teaches that an optical transceiver can comprise an IR receiver and an IR transmitter ([0096]). Analogous art Bharadwaj addresses a reasonable pertinent problem of optical signal communication and teaches that IR antennas are known for use in IR detectors (p443: para 3 lines 2-5; p444: para 2 lines 9-12 and Fig. 2). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the master module and the slave modules of Eberhard to use optical antennas such as IR antennas for wireless communication of optical signals such as infrared signals given that Bharadwaj teaches it is a suitable option and given that Eberhard discloses an application utilizing wireless IR signal transmission.
In the same field of endeavor, Eichhorn teaches the body portion of the waveguide 905 (i.e., light tube) having light guide component 915 connected to slave docking portion 1615 or 1915 (i.e., light guide) (Figs. 18 and 22 show different embodiments; [0093]-[0098]) wherein the slave docking portions 1615 or 1915 (i.e., light guides) are shown extending out from the side of the body portion to connect to the end plate of a battery module (for example, endplate 1620 in Figs. 16-17; [0092]; Figs. 18-19, and 22; [0092]-[0098]). In these embodiments, the laterally adjacent battery module is shown as empty but Eichhorn further indicates that an additional battery module can be inserted into the laterally adjacent battery module compartment, such as in Figs. 18 and 22 and discussed in [0093] and [0097] and also directly suggests this as a suitable option in Fig. 3A; thus, Eichhorn suggests that the same battery module-optical transceiver configurations can be adopted by laterally adjacent battery modules. A skilled artisan would have found it obvious and have been motivated to position battery modules on opposite sides of the body portion given that Eichhorn teaches it is a suitable configuration, and which would result in slave docking portions positioned in pairs extending in different directions from opposite sides of the body portion. A skilled artisan would have found it obvious to have modified modified Eberhard’s battery pack to utilize Eichhorn’s arrangements of light guides (i.e., slave docking portions), because Eichhorn teaches they are known and suitable design configurations for attaching module-side optical transceivers to battery modules ([0088]) and specifically teaches that one of the embodiments may reduce the impact of dust on the propagation of optical signals ([0098]). Consequently, the combination of prior art teaches the plurality of slave docking portions are positioned in pairs extending in different directions from opposite sides of the body portion and at predetermined intervals along an extension direction of the body portion.
Regarding Claim 3, the combination above teaches the battery pack of claim 2.
Eberhard further teaches (Fig. 7) a body portion of a waveguide (730) that extends across an inner space of the pack case and discloses that the body portion is installed in a tunnel space (715) ([0085] lines 9-17) with regularly spaced component light guide components (915) that extend downward into the tunnel space to couple with module-side transceivers (slave modules) of corresponding battery modules (Figs. 7 - 9; [0087], [0088] lines 1-2). As shown in Figure 8, where the body portion couples with the “left most” light guide component forms a first end and where the body portion couples with the “right most” light guide component forms a second end of the body portion. The surface of the tunnel space contacting the first end is a first side inner wall of the pack case, and the surface of the tunnel space contacting the second end is a second side inner wall of the pack case. Therefore, the first end is fixedly coupled to a first side inner wall of the pack case where the “left most” light guide component extends beneath the tunnel space (715) to couple to corresponding battery modules, and similarly, the second end is fixedly coupled to a second side inner wall of the pack case where the “right most” light guide component extends beneath the tunnel space (715) to couple with its corresponding battery modules. The structure of the taught body portion supports the pack case in accommodating the battery modules.
Regarding Claim 14, the combination above teaches a vehicle comprising the battery pack of claim 1 as a possible application ([0112]).
Regarding Claim 15, the combination above teaches the battery pack of claim 1, and Eberhard further teaches (Fig. 9) it comprises a mounting bracket attached to each of the light guides (slave docking portions) and connected to the light tube 730 (waveguide). The limitation does not require a dedicated mounting bracket be attached to each of the plurality of slave docking portions, therefore the teaching reads on the limitation.
Regarding Claim 16, the combination above teaches the battery pack of claim 1, and Eberhard shows several battery modules 710 inserted into the battery module mounting area 705 of Fig. 7 (Fig. 7 is reproduced below and described in [0085]). Eberhard further discloses “Referring to Fig. 7, the battery mounting area 705 is configured similarly to the battery module mounting area 305A in Figs. 3A-3D” (Fig. 3A reproduced below) ([0085]), wherein Fig. 3A shows battery module compartments A…J each hold a respective battery module and are organized into two columns (first column: A through E; second column: F through J) on different longitudinal sides ([0040]).
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Given that Eberhard teaches this arrangement of battery modules as a possible configuration, one of ordinary skill in the art would have found it obvious to conceive of similarly stacking the plurality of battery modules of Fig. 7 within battery module compartments in a first column and a second column, each column corresponding to a different longitudinal side of the body portion serving as a middle divider.
As previously pointed out in addressing the limitations of claim 1, Eberhard shows in Fig. 9 each light guide component 915 has a pair of light guides, wherein the pair of light guides is a first light guide (one of the two protrusions at the bottom of 915) corresponding to a first slave docking portion and a second light guide (the other of the two protrusions) corresponding to a second slave docking portion. Eberhard’s disclosure that “the light guide component may include first and second light guides that extend into respective laterally adjacent battery module components. The first light guide is aligned with a first module-side optical transceiver of a first battery module in a first battery compartment (or associated intervening light guide), while the second light guide is aligned with a second module-side optical transceiver of a second battery module in a second battery module compartment (or associated intervening light guide)” ([0088]) indicates that for each of the pairs of light guides (pairs of slave docking portions), a first light guide (first slave docking portion) connects to a battery module-side optical transceiver in the first column (of the first longitudinal side) and a second light guide (second slave docking portion) connects to a battery module-side optical transceiver in the second column (of the second longitudinal side). Each of a plurality of module-side optical transceivers (e.g. slave modules) corresponds to a respective one of the plurality of battery modules, as taught in addressing claim 1. Therefore, the combination of prior art reads on the limitations of the claim.
Regarding Claim 17, the combination above teaches the battery pack of claim 1. Eberhard shows several battery modules 710 inserted into the battery module mounting area 705 of Fig. 7 and described in [0085]. Eberhard further discloses “Referring to Fig. 7, the battery mounting area 705 is configured similarly to the battery module mounting area 305A in Figs. 3A-3D” (Fig. 3A; [0085]), wherein Fig. 3A shows battery module compartments A…J each hold a respective battery module and are organized into two columns (first column: A through E; second column: F through J) on different longitudinal sides ([0040]).
Given that Eberhard teaches this arrangement of battery modules as a possible configuration, one of ordinary skill in the art would have found it obvious to conceive of similarly stacking the plurality of battery modules of Fig. 7 within battery module compartments in a first column and a second column, each column corresponding to a different longitudinal side of the body portion serving as a middle divider.
Additionally, Fig. 8 of Eberhard teaches an embodiment wherein the body portion of the waveguide 730 is connected to the battery module 710 at the edge of its upper surface, such that the battery modules 710 in a first column would not abut the battery modules in a second column of the body portion. The configuration taught by Eberhard is also consistent with the arrangement of the light guides shown in Eichhorn discussed in addressing the limitations of claim 1 (Eichhorn: Figs. 15, 18, 22). Accordingly, the body portion of the waveguide is in a space between the first column and the second column.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Eberhard et al (US 2018/0109328 A1) in view of Bharadwaj et al “Optical Antennas,” Advances in Optics and Photonics 1, 438-483 (2009) and Eichhorn et al (WO 2018071829 A1) as applied to claim 1 above, and further in view of Steel et al (WO 2017/125717 A1) and Razzell et al (US 2019/0252734 Al).
Regarding Claim 8, the combination above teaches the battery pack of claim 1, and Eberhard further teaches (Fig. 12) for battery module I a reflection plate (1205) provided inside the body portion (730) to direct electromagnetic signals between module-side transceivers (slave modules) to the controller-side transceiver (master module) ([0092]-[0093]). However, Eberhard does not teach that it is configured to open and close the inner opening of each of the slave docking portions.
Steel teaches (Fig. 1; Fig. 5) the use of mirror elements (80) (reflection plates) as optical switches (22) for selectively coupling inputs between interrogators (5a-5d) that produce optical signals and optical fibers (10a-10d) (waveguides) (p13 lines 7-32; p14 lines 4-85). Steel discloses that they are switched into activated position and deactivated position by suitable mechanical translation and/or rotation movements (p26 lines 16-21), such as by moving into or out of the intersecting beams (p25 line 27 – p26 lines 1-3), and driven by suitable actuators such as micromotors or solenoids (p26 lines 19-22) and that low-loss passive switches such as mirrors achieve the required switching action flexibly and in a single stage, and at relatively low cost and also benefit from producing low levels of reflection at the switch (p26 lines 3-8).
The taught reflection plates of Steel would be useful for activating and deactivating communication to and from specific battery modules. In the same field of endeavor, Razzell discloses that a master module (106) may issue a shut-down command to slave modules (112) to disconnect their respective battery modules (108) from energy systems ([0022] lines 12-18) in response to detection of an abnormal event such as abnormal battery temperatures, abnormal battery loads, excessive battery cell charge or discharge, or indication of tampering with battery module ([0026] lines 10-23). It is reasonable to expect that a shut- down will include deactivation of wireless communication with a slave module.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the reflection plate taught by Eberhard within the battery pack of modified Eberhard with the ability to adjust orientation to open and closed positions, as taught by Steel, of each of the plurality of slave docking portions (light guides) corresponding to each respective slave module (module-side optical transceiver) and battery module for the benefit that this type of optical switch provides a switching action flexibly and in a single stage at a relatively low cost, and is applicable to deactivating specific battery modules during shut down events, as motivated by Razzell. Within the combination, the reflection plate taught by Eberhard would be configured to open and close an inner opening of each of the plurality of slave docking portions.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Eberhard et al (US 2018/0109328 A1) in view of Bharadwaj et al “Optical Antennas,” Advances in Optics and Photonics 1, 438-483 (2009) and Eichhorn et al (WO 2018071829 A1), and Steel et al (WO 2017/125717 A1) and Razzell et al (US 2019/0252734 Al), as applied to claim 8 above, and further in view of Yoneyama et al (JPH11317611 A1).
Regarding Claim 9, the combination above teaches the battery pack of claim 8. As pointed out in addressing claim 8, Steel discloses use of suitable actuators such as micromotors or solenoids (p26 lines 19-22) to achieve rotation of reflection plates, which would therefore adjust the angle. However, they do not teach the use of a rotary shaft as one way to accomplish this.
Yoneyama is relied upon to teach (Fig. 4) use of a rotary shaft (206) as a suitable means to rotate a reflecting plate (201) (translation: [0010] lines 184-187). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the battery pack of modified Eberhard with the rotary shaft of Yoneyama because a rotary shaft is a suitable means for rotating a reflection plate to have an adjustable rotation angle, as claimed. Additionally, it would have been obvious to incorporate the rotary shaft where the reflection plate was located, which is in an inner surface of the body portion, as pointed out in addressing claim 8 and shown in Eberhard Fig. 12, which would therefore read on the claimed location of the rotary shaft.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Eberhard et al (US 2018/0109328 A1) in view of Bharadwaj et al “Optical Antennas,” Advances in Optics and Photonics 1, 438-483 (2009) and Eichhorn et al (WO 2018071829 A1) as applied to claim 1, and further in view of Nakazaki et al (JP 2013097883 A).
Regarding Claim 10, the combination above teaches the battery pack of claim 1, and the pack case previously taught by Eberhard indicates that the plurality of battery modules can be placed on a pack tray (Figure 5B) but does not explicitly teach a pack cover for a plurality of battery modules.
Nakazaki is relied upon to teach (Fig. 1) a pack cover for a battery pack case (10) for a vehicle, with Figure 1 showing a top half of the case coupled to a bottom portion and therefore serving as a pack cover. Nakazaki further discloses that their battery case has properties of chipping resistance and rust prevention and can shield electromagnetic waves, which can cause radio interference (translation: p3 para 4; p2 para 1: line 1). One of ordinary skill in the art would have found it obvious at the time the invention was filed to have modified the pack case within the battery pack of modified Eberhard with the pack cover as taught by Nakazaki to provide the benefit of chipping resistance, rust prevention, and shielding of electromagnetic waves. In the battery pack taught by the combined prior art, the pack cover of Nakazaki would necessarily cover an upper portion of the plurality of battery modules and be coupled with the pack tray.
Regarding Claim 11, the combination above teaches the battery pack of claim 10. The pack cover taught by Nakazaki is disclosed to be made of a mixed material (13) of carbon powder (15) and a magnetic powder (16) that is on the inner surface side of the case (p2 para 4), and therefore would be on the inner surface of the pack cover. Nakazaki also states that the mixed material on the inner surface has both electromagnetic wave shielding and electromagnetic wave absorbing and attenuating properties (p3 para 1, 4), thereby teaching the claimed feature.
Regarding Claim 12, the combination above teaches the battery pack of claim 10, and Eberhard teaches (Fig. 7) the light tube (waveguide) may be installed in the tunnel space (315A in [0083] or 715 in [0085]) that is defined by a set of center-mounted bars within the pack tray; indicating that the waveguide is installed along a center line of the pack tray and that the plurality of battery modules is disposed to face each other based on the waveguide. Regarding installation of the waveguide at a bottom surface of the pack tray, Eberhard directly teaches that a tunnel space (315A) containing a waveguide (730) ([0085] lines 16-17) can be formed and vertically aligned between the laterally adjacent battery module compartments ([0046] lines 12-16, 21-26); therefore, it is a known and obvious option. Eberhard also discloses that the tunnel space 315A can be defined by spaces in-between each pair of laterally adjacent battery module compartments ([0046]). As previously pointed out in addressing claim 10, the battery module compartments of modified Eberhard’s battery pack are shown in Eberhard’s Figure 5B to be mounted such that they contact a bottom surface of the pack tray; therefore, in being vertically aligned with the battery modules, the waveguide would consequently also be installed at a bottom surface of the pack tray. Therefore, Eberhard within the combination teaches that the waveguide is installed at a bottom surface of the pack tray along a center line of the pack tray and wherein the plurality of battery modules is disposed to face each other based on the waveguide.
Regarding Claim 13, the combination above teaches the battery pack of claim 10. Eberhard further teaches (Fig. 7) that the body of the waveguide (730) is installed into a tunnel space (715) that reads on a base frame ([0085]). It is obvious that the width of the base frame (715) would need to be greater than a width of the body portion of the waveguide (730) to accommodate for its width in the tunnel. Additionally, Eberhard directly teaches that the tunnel space can be formed and vertically aligned between the laterally adjacent battery module compartments ([0046] lines 21-26). Because the battery modules compartments are shown to be mounted such that they contact a bottom surface of the pack tray, the base frame of the tunnel space would consequently also be installed at a bottom surface of the pack tray where the battery modules are located. Because the base frame is stationary and coupled to the bottom tray, it is fixedly coupled as claimed. Eberhard discloses that a battery module is heavy and can have considerable inertia as it is mounted into place, which can exert enough force to smash a small data port connector ([0075]). It would have been obvious to one of ordinary skill in the art to place heavier objects with momentum such as battery modules, and the adjacent waveguide, on the bottom of the pack tray to minimize smashing other components within the battery pack during installation.
Regarding fixing of the battery modules to a top surface of the base frame, Eberhard discloses the batteries can be coupled to the battery module controller over a waveguide interface as facilitated by connectors 405 and 410 ([0067]) and that the connectors can be secured with a screwing mechanism ([0054]), which would read on bolting of the battery modules to the frame as claimed. If the base frame is vertically aligned with the battery modules, as taught by Eberhard to be a reasonable option ([0046] lines 21-26), then it would have been obvious to rearrange the connectors accordingly to extend through the middle or top surface of the base frame to couple with the waveguide, as claimed. The Courts have held that the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to Applicant’s arguments to new claim 17, the Examiner respectfully disagrees with the assertion that Eberhard’s light guides connect to battery modules that have no space between them. Fig. 8 of Eberhard shows the body portion of the waveguide 730 is connected to the battery module 710 at the edge of its upper surface, such that the battery modules 710 in a first column would not abut the battery modules in a second column of the body portion; accordingly, there is a space between the two columns of battery modules.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI LIN whose telephone number is (571)272-2017. The examiner can normally be reached Mon - Fri 8:30 - 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.L.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 12 May 2026
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