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 10/10/2025 claims 1, 4-5, and 8-9 are pending. Claims 1 and 4-5 are amended. Claims 2-3 and 6-7 are cancelled. Claims 1 and 9 are independent.
Response to Arguments/Amendments
Applicant's arguments and amendments filed 10/10/2025 have been fully considered but they are not persuasive. The applicant has amended independent claim 1 and added a new independent claim 9. The applicant has included new limitations to these claims by adding limitations from the cancelled claims and by adding new limitations not previously presented.
The applicant in pages 5-6 of the Remarks dated 10/10/2025 contends that Despesse and/or Burns fail to teach the newly added limitations. The applicant states “Despesse might disclose diagnosing a battery cell, but not diagnosing a switch. Despesse at [0110]-[0114]. Burns discloses a monitoring device, but the monitoring device monitors the electrochemical cell. Burns at [0040]. There is no disclosure regarding monitoring or diagnosing a switch.” However, the examiner respectfully disagrees. The examiner cites Despesse ¶[184-190] below in which the transistors are diagnosed to determine if they are faulty (or not).
The remaining arguments are moot as the applicant’s arguments for the remaining claims were based on dependency of the independent claims.
This Office Action is made Final due to the amendments.
Drawings
The drawings are objected to because the applicant uses blank boxes and numbers in Figs. 1 and 3 to illustrate structural components. These alone do not facilitate understanding of the drawings. To overcome this objection, the applicant should add more details in the drawings (e.g., clear symbols, text in the boxes, arrows with text coming off, or a legend in the drawings).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Despesse (USPGPN 20140015488).
With respect to independent claim 9, Despesse teaches an energy storage apparatus (In Fig. 22 a motor vehicle comprising an energy storage apparatus, see ¶ [101]).
Despesse teaches the energy storage apparatus comprising a plurality of battery circuits connected in series, through which current flows during charge and discharge of the energy storage apparatus (In Fig. 27 the energy storage apparatus comprises a plurality of battery modules 12 (i.e., battery circuits) connected in series. One of ordinary skill understands current flows through these serially connected battery modules during charging and discharging of the energy storage apparatus. Annotated Fig. 27 below illustrates A string in series, B string in series, both A and B strings in parallel with each other. A lack of nodes between strings A and B (besides control circuit 27) means that these are not a serial/parallel connection between strings A and B, thus the strings are each serially connected).
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Despesse teaches wherein each of the battery circuits includes a first electrical path (In Fig. 27 a first electric path is seen between each of the battery modules 12).
Despesse teaches an energy storage cell connected to an adjacent battery circuit through the first electrical path (In Fig. 27 the cells 11 (i.e., energy storage cell) of each battery module 12 are connected to an adjacent battery module 12 through the first electrical path).
Despesse teaches a first switch that includes a diode and is provided in the first electrical path such that a forward direction of the diode is a charge direction of the energy storage apparatus (In Fig. 27 the transistor 23 includes a diode 25 and it is provided in the first electrical path in which one of ordinary skill understands a forward direction of the diode (i.e., forward biased) is a charge direction of the energy storage apparatus, see ¶ [67]).
Despesse teaches a second electrical path connected to the adjacent battery circuit in parallel with the energy storage cell and the first switch (In Fig. 27 a second electrical path connected to the adjacent battery module 12 in parallel with the cells 11 and transistor 23).
Despesse teaches a second switch that includes a diode and is provided in the second electrical path such that a forward direction of the diode is a discharge direction of the energy storage apparatus, and is turned on when the first switch is turned off (In Fig. 27 the transistor 24 includes a diode 26 and it is provided in the second electrical path in which one of ordinary skill understands a forward direction (i.e., forward biased) causes the diode to conduct and it is a discharge direction of the energy storage apparatus. Furthermore, when transistor 23 is open the discharge current conducts through diode 26, see ¶ [66]).
Despesse teaches a controller that controls switching between turn-on and turn-off of the first switch and the second switch such that a positive electrode terminal and a negative electrode terminal of the energy storage cell are not short-circuited outside the energy storage cell, in each battery circuit (In Fig. 27 a central computer 22 controls the on/off operation of the transistors 23/24 and monitors parameters, see ¶ [76]. The transistors 23/24 are controlled to avoid short-circuiting the positive/negative electrode terminals of cell 11, see ¶ [67]).
Despesse teaches that determines whether the energy storage cell is normal or abnormal, and turns off the first switch in the battery circuit that includes the energy storage cell determined to be abnormal, and then, turns on the second switch, and that does not control both the first switch and the second switch after turning on the second switch (In ¶ [125-133] the controller determines if the battery cell is faulty and turns on the module transistor (i.e., transistor 24) for bypassing a faulted cell. Also see ¶ [232-239]. One of ordinary skill understands once transistor 24 is turned on to isolate a faulted battery cell then it’s cell transistor 23 and the bypassing transistor 24 are not operated again to avoid causing an arc on the faulted battery cell).
Despesse teaches the controller diagnoses whether the first switch is normal or abnormal based on the difference between a first voltage across the first switch when turned-on and a second voltage across the first switch when turned-off during charge of the energy storage apparatus, and whether the second switch is normal or abnormal based on the difference between a third voltage across the second switch when turned-on and a fourth voltage across the second switch when turned-off during discharge of the energy storage apparatus (In ¶[184-190] teaches diagnosing the transistors 83 and 84 to be faulted or not faulted (i.e,. normal or abnormal) by detecting the voltages of the transistors 83 and 84 in an open and closed state thus inherently a first voltage, a second voltage, a third voltage, and a fourth voltage respectively).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Despesse (USPGPN 20140015488) and further in view of Burns (USPGPN 20160254576).
With respect to independent claim 1, Despesse teaches an energy storage apparatus used in a vehicle (In Fig. 22 a motor vehicle comprising an energy storage apparatus, see ¶ [101]).
Despesse teaches the energy storage apparatus comprising a plurality of battery circuits connected in series, through which current flows during charge and discharge of the energy storage apparatus (In Fig. 27 the energy storage apparatus comprises a plurality of battery modules 12 (i.e., battery circuits) connected in series. One of ordinary skill understands current flows through these serially connected battery modules during charging and discharging of the energy storage apparatus. Annotated Fig. 27 below illustrates A string in series, B string in series, both A and B strings in parallel with each other. A lack of nodes between strings A and B (besides control circuit 27) means that these are not a serial/parallel connection between strings A and B, thus the strings are each serially connected).
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Despesse teaches wherein each of the battery circuits includes a first electrical path (In Fig. 27 a first electric path is seen between each of the battery modules 12).
Despesse teaches an energy storage cell connected to an adjacent battery circuit through the first electrical path (In Fig. 27 the cells 11 (i.e., energy storage cell) of each battery module 12 are connected to an adjacent battery module 12 through the first electrical path).
Despesse teaches a first switch that includes a diode and is provided in the first electrical path such that a forward direction of the diode is a charge direction of the energy storage apparatus (In Fig. 27 the transistor 23 includes a diode 25 and it is provided in the first electrical path in which one of ordinary skill understands a forward direction of the diode (i.e., forward biased) is a charge direction of the energy storage apparatus, see ¶ [67]).
Despesse teaches a second electrical path connected to the adjacent battery circuit in parallel with the energy storage cell and the first switch (In Fig. 27 a second electrical path connected to the adjacent battery module 12 in parallel with the cells 11 and transistor 23).
Despesse teaches a second switch that includes a diode and is provided in the second electrical path such that a forward direction of the diode is a discharge direction of the energy storage apparatus, and is turned on when the first switch is turned off (In Fig. 27 the transistor 24 includes a diode 26 and it is provided in the second electrical path in which one of ordinary skill understands a forward direction (i.e., forward biased) causes the diode to conduct and it is a discharge direction of the energy storage apparatus. Furthermore, when transistor 23 is open the discharge current conducts through diode 26, see ¶ [66]).
Despesse teaches a controller that controls switching between turn-on and turn-off of the first switch and the second switch such that a positive electrode terminal and a negative electrode terminal of the energy storage cell are not short-circuited outside the energy storage cell, in each battery circuit (In Fig. 27 a central computer 22 controls the on/off operation of the transistors 23/24 and monitors parameters, see ¶ [76]. The transistors 23/24 are controlled to avoid short-circuiting the positive/negative electrode terminals of cell 11, see ¶ [67]).
Despesse teaches that determines whether the energy storage cell is normal or abnormal, and turns off the first switch in the battery circuit that includes the energy storage cell determined to be abnormal, and then, turns on the second switch, and that does not control both the first switch and the second switch after turning on the second switch (In ¶ [125-133] the controller determines if the battery cell is faulty and turns on the module transistor (i.e., transistor 24) for bypassing a faulted cell. Also see ¶ [232-239]. One of ordinary skill understands once transistor 24 is turned on to isolate a faulted battery cell then it’s cell transistor 23 and the bypassing transistor 24 are not operated again to avoid causing an arc on the faulted battery cell).
Despesse teaches the controller diagnoses whether the first switch is normal or abnormal based on the difference between a first voltage across the first switch when turned-on and a second voltage across the first switch when turned-off during charge of the energy storage apparatus, and whether the second switch is normal or abnormal based on the difference between a third voltage across the second switch when turned-on and a fourth voltage across the second switch when turned-off during discharge of the energy storage apparatus (In ¶[184-190] teaches diagnosing the transistors 83 and 84 to be faulted or not faulted (i.e,. normal or abnormal) by detecting the voltages of the transistors 83 and 84 in an open and closed state thus inherently a first voltage, a second voltage, a third voltage, and a fourth voltage respectively).
However, Despesse fails to explicitly teach an energy storage apparatus used in a flight vehicle.
Burns teaches an energy storage apparatus used in a flight vehicle (In Fig. 1 a battery arrangement 1 is used in a flying apparatus such as a high altitude platform, see ¶ [27]).
Therefore, it would have been obvious for one of ordinary skill to have added the energy storage apparatus of Despesse into the flight vehicle of Burns so as to have a fault tolerant energy storage system with individual battery cell control in a flight vehicle. The advantage of this modification being the electrochemical individual cells are provided with the monitoring device, which is adapted to electrically disconnect the battery cells from each other if the outside measured value of the monitoring device is equal to the predetermined value range (see ¶ [09] of Burns), thus improving efficiency of the device with reduced power consumption.
With respect to claim 4, Despesse teaches the invention as claimed above in claim 1. Further, Despesse teaches wherein the controller determines whether the energy storage cell is normal or abnormal based on voltage of the energy storage cell (In ¶ [125-133] the controller determines if the battery cells are normal or abnormal based on the voltage of the cell).
With respect to claim 5, Despesse teaches the invention as claimed above in claim 1. Further, Despesse teaches wherein the controller determines whether the energy storage cell is normal or abnormal based on voltage of the energy storage cell at a time of charging the energy storage cell (In ¶ [125-133] the controller determines if the battery cells are normal or abnormal based on the voltage of the cell at a time of charging the cell).
With respect to claim 8, Despesse teaches the invention as claimed above in claim 1. However, Despesse fails to explicitly teach wherein an active material of a negative electrode of the energy storage cell is metallic lithium or an alloy containing lithium.
Burns teaches wherein an active material of a negative electrode of the energy storage cell is metallic lithium or an alloy containing lithium (In ¶ [22] the anode (i.e., negative electrode) of the battery cells is lithium metal).
Therefore, it would have been obvious for one of ordinary skill to have modified the energy storage apparatus of Despesse by including negative electrodes made of lithium metal of Burns. The advantage of this modification being a lithium metal anode offers improved rated capacities in batteries due to its higher theoretical capacity and low electrochemical potential, thus improving the lifetime of the batteries and decreasing O&M (operational and maintenance) costs.
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 Frank A Silva whose telephone number is (703)756-1698. The examiner can normally be reached Monday - Friday 09:30 am -06:30 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK ALEXIS SILVA/Examiner, Art Unit 2859
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859