Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art fails to teach the new limitation of the secondary battery is mounted on a vehicle. Examiner respectfully disagrees. Kawahara explains that the power system is a battery system for a hybrid vehicle, therefore the battery would be mounted on the vehicle (¶0038).
Applicant further argues that Sarwar fails to teach the limitation “the determination step is further configured not to determine that the variation occurs”. Examiner respectfully disagrees. Sarwar teaches a determination of the variation occurring, as disclosed in the rejections presented in the previous office action, which therefore also teaches determining the variation does not occur.
Applicant’s remaining arguments with respect to claim(s) 1 & 9 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5, & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawahara et al. (USPGPN 2017/0131360 A1 – published May 11, 2017), in view of Sarwar et al. (USPGPN 2020/0180466 A1 – filed Dec. 10, 2018), Ohkawa et al. (USPGPN 2019/0067954), and Mitsuoka et al. (Japanese Publication JP 2015118789 – published Jun. 25, 2015).
Regarding Claim 1, Kawahara (Figs.1, 3, & 13) teaches an output control method for a secondary battery (110) that obtains available output power (Imax_dis; ¶0049: permissible charging/discharging current or power) that is capable of being output by a secondary battery including a plurality of cells (111) and controls output power of the secondary battery based on the available output power (T1 to T2, permissible discharge current is set to Imax_dis), the output control method comprising:
an indication amount calculation step of calculating a charge and discharge characteristic indication amount that changes according to change in the charge and discharge characteristic (301); and
an available output power setting step of setting the available output power (T1 to T2, permissible discharge current is set to Imax_dis); and
a temperature detection step of detecting a temperature in the secondary battery (Temperature measurement is input to 302), wherein, in the available output power setting step,
the corrected available output power calculated based on the charge and discharge characteristic indication amount (SOC input to 302) and the temperature in the secondary battery (Temperature input to 302), and
the secondary battery is mounted on a vehicle (¶0038: battery system of a plug-in hybrid vehicle, therefore mounted on a vehicle).
Kawahara fails to explicitly teach calculating a variation indication amount that correlates with a magnitude of variation between charge and discharge characteristics of the plurality of cells, based on a charge and discharge characteristic indication amount;
a determination step of determining that the variation occurs when the variation indication amount is equal to or larger than a predetermined determination reference value;
setting the available output power based on a determination result that the variation occurs; and
setting a basic available output power determined based on the charge and discharge characteristic indication amount as the available output power when the variation does not occur, and setting the corrected available output power, having a value lower than that of the basic available output power, when the variation does occur, and
an actual output power changing step of changing an actual output power of the secondary battery at a predetermined changing rate toward the available output power; and
a changing rate setting step of setting the changing rate, wherein
in the changing rate setting step, when the variation occurs, the changing rate is set to be faster than before the variation occurs, and
the determination step is further configured not to determine that the variation occurs and the changing rate setting step is further configured to set the changing rate to a value when the variation does not occur, when the temperature in the secondary battery during a start-up of the vehicle exceeds a predetermined temperature.
However, Sarwar teaches a calculating a variation indication amount that correlates with a magnitude of variation between charge and discharge characteristics of the plurality of cells (¶0003: state of charge disparity factor (dSOC) is a difference between the minimum SOC value and an average SOC value);
determining that the variation occurs or not when the variation indication amount is greater than a predetermined determination reference value (¶0005: dSOC>X, greater than a disparity threshold);
setting the available output power based on the determination result of the variation occurring (¶0048: if dSOC>X (Fig.3, 124) and F-1 is exceeded (Fig.3, 128) first flag is set in block 130, which may be configured to limit power from the battery to the device, i.e. output power); and
setting a basic available output power determined based on the charge and discharge characteristic indication amount as the available output power when the variation does not occur (limiting power based on an indication of dSOC>X, as mapped above, would indicate a basic available output power would be determined if the indication criteria is unmet), and setting the corrected available output power, having a value lower than that of the basic available output power, when the variation does occur (¶0048: if dSOC>X (Fig.3, 124) and F-1 is exceeded (Fig.3, 128) first flag is set in block 130, which may be configured to limit power from the battery to the device, i.e. output power; setting a limit indicates a lower value).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara with Sarwar to include a calculating step for calculating a variation amount, determination step to determine if this variation amount exceeds a threshold or doesn’t exceed the threshold, and control the output power based on the variation amount exceeding a threshold to reduce the output power of the battery. Doing so would help reduce the occurrence of stalled devices due to propulsion loss, as evidenced by Sarwar (¶0055: method 100 improves the functioning of the device… provides a technical advantage of reducing the occurrence of stalled devices due to propulsion loss).
Moreover, Ohkawa teaches that in cases where the actual output power is at the available output power (¶0011: output is performed at a level close to the upper limit even though not exceeding the maximum allowable power) a predetermined changing rate is used to change the actual output power toward the available output power (Fig.9: time t1 to t3, allowable discharge power is reduced to Pdt at a constant rate), and where the changing rate may be faster based on the degree of deterioration [Examiner equates the variation amount exceeding a threshold as a degree of deterioration] of a battery and the like (¶0086: in addition… the degree of deterioration of a battery, and the like affect the rate of decrease of the allowable discharge power; Fig.10: t1 to t4, allowable discharge power is reduced to Pdt faster than in Fig.9).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Kawahara, in view of Sarwar, with Ohkawa to include an actual output power charging step of changing an actual output power of the secondary battery at a predetermined changing rate toward the available output power, and a changing rate setting step of setting the changing rate, wherein in the changing rate setting step, when the variation occurs, the changing rate is set to be faster than before the variation occurs. Doing so allows for a suppression of deterioration of the battery.
Lastly, Mitsuoka teaches determination of a variation when a battery temperature is below a predetermined value (Abstract: the output of a battery may be suppressed if the temperature is less than the threshold temperature).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara, to include a determination step for when a temperature is below a threshold temperature, and subsequently above the threshold temperature. Doing so helps account for the known reduction in battery performance when it is at low temperatures, as evidenced by Mitsuoka (Pg.4, Para.6: battery performance is lowered at a low temperature).
Kawahara, as modified, teaches the claimed invention except it does not explicitly teach or state the method steps which occur when the temperature in the secondary battery during start-up of the vehicle exceeds a predetermined temperature (not to determine that the variation occurs and set the changing rate to a value when the variation does not occur). It would have been obvious to one having ordinary skill in the art effective filing date of the invention to include steps of not determining that the variation occurs and setting the changing rate to a default value when the variation does not occur, to be performed when the temperature in the battery during start-up of the vehicle exceeds a predetermined temperature, since it was known in the art that these methods are intended to be used when the battery is operating at a low temperature (Mitsuoka: suppression of output power of a battery at low temperatures). It would be understood that at start-up if the battery temperature exceeds the threshold temperature that the variation would not need to be checked since the changing rate does not require adjustment, and a changing rate would be set to the default changing rate when a variation does not occur, since the vehicle battery does not require the power adjustment. One would further find it obvious to take the temperature of the secondary battery during a start-up of the vehicle since the battery will heat up as the vehicle operates and the start-up temperature will provide a more accurate measurement.
Regarding Claim 5, Kawahara, as modified, fails to explicitly teach wherein in the determination step, whether the variation occurs is determined only when the detected temperature is equal to or lower than a predetermined value.
However, Mitsuoka teaches determination of a variation when a battery temperature is below a predetermined value (Abstract: the output of a battery may be suppressed if the temperature is less than the threshold temperature).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara, in view of Sarwar and Ohkawa, to include a determination step for determining a variation occurs, to subsequently limit the battery output, when a temperature is below a threshold temperature. Doing so helps account for the known reduction in battery performance when it is at low temperatures, as evidenced by Mitsuoka (Pg.4, Para.6: battery performance is lowered at a low temperature).
Regarding Claim 9, Kawahara (Figs.1, 2, 3, & 13) teaches an output control system that controls output power of a secondary battery (110) including a plurality of cells (111), comprising:
a temperature detection unit (125) configured to detect a temperature in the secondary battery; and
a controller (150) that acquires a charge and discharge characteristic indication amount that changes according to change in a charge and discharge characteristic of each of the plurality of cells (¶0057: battery control unit 150 includes blocks shown in Fig.3, receives voltage/current/temperature), obtains available output power (Imax_dis; ¶0049: permissible charging/discharging current or power) that is capable of being output by the secondary battery based on the acquired charge and discharge characteristic indication amount, and controls the output power of the secondary battery based on the available output power (T1 to T2, permissible discharge current is set to Imax_dis), wherein the controller is configured to:
set a corrected available output power as the available output power (T1 to T2, permissible discharge current is set to Imax_dis), the corrected available output power calculated based on the charge and discharge characteristic indication amount (SOC input to 302) and the temperature (Temperature input to 302) in the secondary battery, and
the secondary battery is mounted on a vehicle (¶0038: battery system of a plug-in hybrid vehicle, therefore mounted on a vehicle).
Kawahara fails to explicitly teach calculating a variation indication amount that correlates with a magnitude of variation between charge and discharge characteristics of the plurality of cells, based on a charge and discharge characteristic indication amount;
a determination step of determining that the variation occurs when the variation indication amount is equal to or larger than a predetermined determination reference value;
setting the available output power based on a determination result that the variation occurs; and
setting a basic available output power determined based on the charge and discharge characteristic indication amount as the available output power when the variation does not occur, and setting the corrected available output power, having a value lower than that of the basic available output power, when the variation does occur, wherein
the controller is configured to:
change an actual output power of the secondary battery at a predetermined changing rate toward the available output power; and
set the changing rate, wherein
when the variation occurs, the changing rate is set to be faster than before the variation occurs, and
the controller is further programmed not to determine that the variation occurs and to set the changing rate to a value when the variation does not occur, when the temperature in the secondary battery during a start-up of the vehicle exceeds a predetermined temperature.
However, Sarwar teaches a calculating a variation indication amount that correlates with a magnitude of variation between charge and discharge characteristics of the plurality of cells (¶0003: state of charge disparity factor (dSOC) is a difference between the minimum SOC value and an average SOC value);
determining that the variation occurs or not when the variation indication amount is greater than a predetermined determination reference value (¶0005: dSOC>X, greater than a disparity threshold);
setting the available output power based on the determination result of the variation occurring (¶0048: if dSOC>X (Fig.3, 124) and F-1 is exceeded (Fig.3, 128) first flag is set in block 130, which may be configured to limit power from the battery to the device, i.e. output power); and
setting a basic available output power determined based on the charge and discharge characteristic indication amount as the available output power when the variation does not occur (limiting power based on an indication of dSOC>X, as mapped above, would indicate a basic available output power would be determined if the indication criteria is unmet), and setting the corrected available output power, having a value lower than that of the basic available output power, when the variation does occur (¶0048: if dSOC>X (Fig.3, 124) and F-1 is exceeded (Fig.3, 128) first flag is set in block 130, which may be configured to limit power from the battery to the device, i.e. output power; setting a limit indicates a lower value).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara with Sarwar to include a calculating step for calculating a variation amount, determination step to determine if this variation amount exceeds a threshold or doesn’t exceed the threshold, and control the output power based on the variation amount exceeding a threshold to reduce the output power of the battery. Doing so would help reduce the occurrence of stalled devices due to propulsion loss, as evidenced by Sarwar (¶0055: method 100 improves the functioning of the device… provides a technical advantage of reducing the occurrence of stalled devices due to propulsion loss).
Moreover, Ohkawa teaches that in cases where the actual output power is at the available output power (¶0011: output is performed at a level close to the upper limit even though not exceeding the maximum allowable power) a predetermined changing rate is used to change the actual output power toward the available output power (Fig.9: time t1 to t3, allowable discharge power is reduced to Pdt at a constant rate), and where the changing rate may be faster based on the degree of deterioration [Examiner equates the variation amount exceeding a threshold as a degree of deterioration] of a battery and the like (¶0086: in addition… the degree of deterioration of a battery, and the like affect the rate of decrease of the allowable discharge power; Fig.10: t1 to t4, allowable discharge power is reduced to Pdt faster than in Fig.9).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Kawahara, in view of Sarwar, with Ohkawa to include an actual output power charging step of changing an actual output power of the secondary battery at a predetermined changing rate toward the available output power, and a changing rate setting step of setting the changing rate, wherein in the changing rate setting step, when the variation occurs, the changing rate is set to be faster than before the variation occurs. Doing so allows for a suppression of deterioration of the battery.
Lastly, Mitsuoka teaches determination of a variation when a battery temperature is below a predetermined value (Abstract: the output of a battery may be suppressed if the temperature is less than the threshold temperature).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara, to include a determination step for when a temperature is below a threshold temperature, and subsequently above the threshold temperature. Doing so helps account for the known reduction in battery performance when it is at low temperatures, as evidenced by Mitsuoka (Pg.4, Para.6: battery performance is lowered at a low temperature).
Kawahara, as modified, teaches the claimed invention except it does not explicitly teach or state the method steps which occur when the temperature in the secondary battery during start-up of the vehicle exceeds a predetermined temperature (not to determine that the variation occurs and set the changing rate to a value when the variation does not occur). It would have been obvious to one having ordinary skill in the art effective filing date of the invention to include steps of not determining that the variation occurs and setting the changing rate to a default value when the variation does not occur, to be performed when the temperature in the battery during start-up of the vehicle exceeds a predetermined temperature, since it was known in the art that these methods are intended to be used when the battery is operating at a low temperature (Mitsuoka: suppression of output power of a battery at low temperatures). It would be understood that at start-up if the battery temperature exceeds the threshold temperature that the variation would not need to be checked since the changing rate does not require adjustment, and a changing rate would be set to the default changing rate when a variation does not occur, since the vehicle battery does not require the power adjustment. One would further find it obvious to take the temperature of the secondary battery during a start-up of the vehicle since the battery will heat up as the vehicle operates and the start-up temperature will provide a more accurate measurement.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawahara, in view of Sarwar, Ohkawa, and Mitsuoka, as applied to claim 1 above, and further in view of Tashiro et al. (USPGPN 2016/0236581 A1 – published Aug. 18, 2016).
Regarding Claim 2, Kawahara, as modified, further teaches the corrected available output power is calculated based on the minimum cell voltage (Fig.15, Vmin to calculate Imax_dis1).
Kawahara, as modified, fails to explicitly teach in the available output power setting step, the basic available output power is calculated based on the average value of the battery.
However, Tashiro teaches that it is common to determine an allowable output power using the SOC of a battery (¶0061: calculate the allowable output power SWout by acquiring the SOC) (examiner equates the battery SOC of Tashiro to the average SOC of Kawahara, in view of Sarwar).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified further modified the method taught by Kawahara, in view of Sarwar and Ohkawa, to calculate the basic available output power using the average SOC.
Moreover, Kawahara, as modified, teaches the claimed invention except that SOC values are used for the charge and discharge characteristics, the predetermined voltage difference, and for calculating the output powers instead of voltage values. It would have been an obvious matter of design choice to use voltage values, determined using an SOC to voltage curve specific to the battery, since applicant has not disclosed that using voltage values instead of SOC values to perform the method solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with voltage values instead of SOC values.
Regarding Claim 3, Kawahara, as modified, fails to explicitly teach in the available output power setting step, the basic available output power is calculated based on the average value of the battery.
However, Tashiro teaches that it is common to determine an allowable output power using the SOC of a battery (¶0061: calculate the allowable output power SWout by acquiring the SOC) (examiner equates the battery SOC of Tashiro to the average SOC of Kawahara, in view of Sarwar).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified further modified the method taught by Kawahara, in view of Sarwar and Ohkawa, to calculate the basic available output power using the average SOC.
Moreover, Kawahara teaches calculating the available output power using a minimum voltage instead of a minimum SOC (Fig.15, Vmin to calculate Imax_dis1). It would have been an obvious matter of design choice to use a minimum SOC value, determined using an SOC to voltage curve specific to the battery, since applicant has not disclosed that using a minimum SOC instead of a minimum voltage to calculate the available output power solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a calculation based on a minimum SOC value instead of a minimum voltage value.
Lastly, Kawahara, as modified, teaches the claimed invention except that SOC values are used for the charge and discharge characteristics, the predetermined voltage difference, and for calculating the output powers instead of OCV values. It would have been an obvious matter of design choice to use OCV values, determined using the SOC to OCV curve specific to the battery, as shown in Fig.5, since applicant has not disclosed that using OCV values instead of SOC values to perform the method solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with OCV values instead of SOC values.
Regarding Claim 4, Kawahara, as modified, further teaches wherein in the indication amount calculation step, an SOC of each of the plurality of cells is acquired as the charge and discharge characteristic indication amount, and an SOC difference, which is a difference between an average SOC and a minimum SOC of the plurality of cells, is calculated as the variation indication amount (as disclosed in the rejection of claim 1),
in the determination step, a predetermined SOC difference threshold value is set as the determination reference value (as disclosed in the rejection of claim 1), and
Kawahara, as modified, fails to explicitly teach in the available output power setting step, the basic available output power is calculated based on the average SOC, and the corrected available output power is calculated based on the minimum SOC.
However, Tashiro teaches that it is common to determine an allowable output power using the SOC of a battery (¶0061: calculate the allowable output power SWout by acquiring the SOC) (examiner equates the battery SOC of Tashiro to the average SOC of Kawahara, in view of Sarwar).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified further modified the method taught by Kawahara, in view of Sarwar and Ohkawa, to calculate the basic available output power using the average SOC.
Moreover, Kawahara teaches calculating the available output power using a minimum voltage instead of a minimum SOC (Fig.15, Vmin to calculate Imax_dis1). It would have been an obvious matter of design choice to use a minimum SOC value, determined using an SOC to voltage curve specific to the battery, since applicant has not disclosed that using a minimum SOC instead of a minimum voltage to calculate the available output power solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a calculation based on a minimum SOC value instead of a minimum voltage value.
Claim(s) 6 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawahara, in view of Sarwar, Ohkawa (hereinafter Ohkawa-1), and Mitsuoka, as applied to claim 1 above, and further in view of Ohkawa et al. (USPGPN 2014/0111164 A1 – published Apr. 24, 2014; hereinafter Ohkawa-2)
Regarding Claim 6, Kawahara, as modified, fails to explicitly teach a temperature correction step of correcting the detected temperature based on the charge and discharge characteristic indication amount; and
a step of obtaining the available output power using the corrected temperature, wherein in the available output power setting step, the corrected available output power is obtained using the corrected temperature.
However, Ohkawa-2 teaches an output power setting step based on a temperature reading and a charge discharge indication amount (Fig.7, permissible charge power is determined by average temperature and SOC), and further suggests using mathematical expressions to determine an internal resistance using temperature and SOC (¶0047: although this embodiment adapts a data table it is also possible to use a means such as mathematical expressions).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Kawahara, in view of Sarwar and Ohkawa-1, with Ohkawa-2 to determine the available output power using the detected temperature modified by the SOC. Doing so ensures safer usage of the battery, as evidenced by Ohkawa-2 (¶0004: using the storage battery safely requires performing charging within maximum permissible power).
Regarding Claim 7, Kawahara, as modified, fails to explicitly teach wherein in the temperature correction step, the detected temperature is corrected based on a minimum SOC of an SOC of each of the plurality of cells as the charge and discharge characteristic indication amount.
However, Ohkawa-2 teaches using the minimum SOC of the cells in a battery to determine the permissible charge current (Fig.6, single cell n SOC is used to determine permissible charge current where the minimum is output).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method taught by Kawahara, in view of Sarwar, Ohkawa-1, and Ohkawa-2, with Ohkawa-2 to determine the available output power using the detected temperature modified by the minimum SOC measured. Doing so would ensure that no cell is operated outside of its maximum power range.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOHN P ONDRASIK whose telephone number is (703)756-1963. The examiner can normally be reached Monday - Friday 7:30 a.m. - 5 p.m. ET.
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/JOHN P ONDRASIK/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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