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 .
Response to Arguments
Claims 1-11, 13-20 are pending. Claims 1-11, 13 and 18 are amended. Claim 12 is canceled.
Regarding the interpretation of the claims under 112(f), the functional language has been amended out and the 112(f) interpretation is no longer applied.
Regarding the rejection of claims 1 and 11 under 35 U.S.C. 103, Applicant argues that Ryu, Huang, Duan, Kinjo and Ishibashi, taken individually or combined, fail to teach i) obtaining distribution ratios for each section of a state of charge in index of a preset period: ii) determine a sum of the distribution ratios for each section of a state of charge based on the battery state history data, iii) wherein the distribution ratios are a ratio of holding time over the preset period, as recited in the amended claims.
Examiner agrees that the prior arts fail to teach wherein the distribution ratios are a ratio of holding time over the preset period and the rejection under 35 U.S.C. 103 is withdrawn. However, this limitation is considered new matter and indefinite and the claims are rejected under 35 U.S.C. 112(a) and 112(b). Please see below.
Special Definitions
Consistent with the well-established axiom in patent law that a patentee or applicant is free to be his or her own lexicographer, a patentee or applicant may use terms in a manner contrary to or inconsistent with one or more of their ordinary meanings if the written description clearly redefines the terms. See MPEP 2173.05(a).III
Applicant has defined a section of state of charge as “the SOC may be measured in units of 1% and may be divided into a plurality of preset sections. For example, an SOC value of 3 1% or more may be divided into sections in units of 10%, and an SOC value of 30% or less may be set as one section,” in paragraph [0067] of the instant application.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2021-0154216, filed on 11/10/2021.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 11 recite “wherein the distribution ratios are a ratio of holding time over the preset period.” Although Tables 1 and 2 recite that holding time for each SOC section is 0.5 minutes, nowhere is it disclosed wherein the distribution ratios are a ratio of holding time over the preset period. Therefore wherein the distribution ratios are a ratio of holding time over the preset period is considered new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 11 recite “wherein the distribution ratios are a ratio of holding time over the preset period.” Although Tables 1 and 2 recite that holding time for each SOC section is 0.5 minutes, nowhere is it disclosed wherein the distribution ratios are a ratio of holding time over the preset period. It is unclear how a holding time (0.5 min) over a preset period would give any sort of useful distribution ratio.
It is further unclear what “holding time” is referring to – is it a time when the battery is not charging? Not discharging? A variable that simply means 5 minutes? Something else? Therefore claims 1 and 11 and further dependent claims 2-10 and 13-20 are indefinite.
Allowable Subject Matter
Regarding claims 1 and 11, the closes prior art of record, Ryu (US 20200110136), hereinafter ‘Ryu’ in view of Huang et al. (US 20090027056), hereinafter ‘Huang’ and further in view of Duan et al. (20200055405), hereinafter ‘Duan’, teaches the following:
Regarding Claim 1, Ryu discloses a storage configured to include battery state history data including periodic battery charge state information (e.g., The battery sensor may be configured to store state history data (i.e., storage configured to include battery state history data) of the battery in a memory unit. To store all data of the battery for a predetermined period, the battery state history data having a structure of periodically stored data may be stored in the memory unit. Accordingly, the battery sensor may be configured to store data based on state of charge (SOC) ranges (i.e., including periodic battery charge state information) of the battery [0034]),
a processor configured to store the battery state history data in the storage, and to retrieve the stored battery state history data therefrom (e.g., The battery sensor may be configured to provide or transmit the battery state history data to the ICU (i.e., a battery state manager configured to store the battery state history data in the storage). The ICU may then be configured to provide or transmit battery SOCs and the battery state history data (i.e., to retrieve the stored battery state history data therefrom) [0035]),
obtain distribution ratios for each section of a state of charge in index of a preset period (e.g. see Fig. 4A-C which shoe SOC distributions for set periods where each section is represented as a different histogram bar);
and predict a remaining life of a battery based on the battery state history data and the usage pattern (e.g., the controller may be configured to analyze a residual lifespan of the battery (i.e., predict a remaining life of a battery) by analyzing battery usage data (i.e., and the usage pattern) for a long term, based on properties that a distribution of SOCs of the battery (i.e., based on the battery state history data) is gradually reduced as wear of the battery proceeds. The controller may be configured to receive the battery state history data and determine the state of the battery [0036]),
and a battery diagnostic device (e.g., A vehicle battery diagnosis method and apparatus are provided [Abstract]).
Huang discloses depth of discharge, determine a usage pattern depth of discharge in the state of charge based on the usage patterns (e.g., The battery's average depth of discharge (i.e., depth of discharge) can also be determined (i.e., determine a usage pattern depth of discharge), which is relevant in control of key-off loads; the number of discharge cycles can readily be tracked (i.e., based on the usage patterns) [0115]; A target maximum depth of discharge level Cdod can be set, based on Cm, and used to control recharging as necessary. For example, in the start/stop vehicle context, SOC can be tracked (i.e., determine a usage pattern depth of discharge in the state of charge based on the usage patterns) and used to start the engine to recharge the battery [0171]).
Duan discloses determine a sum of distribution ratios for each section of a state of charge based on the battery state history data (e.g., a section for determining a distribution ratio for each respective battery unit according to the overall reference state of the battery pack and the individual states of the battery units such that the distribution ratio for each battery unit will decrease divergence of the individual states from the overall reference state (i.e., based on the battery state history data). Central control module 46 also has a section 49 using the total target current and the distribution ratios (i.e., determine a sum of distribution ratios for each section of a state of charge) to calculate the corresponding individual current commands which are then transmitted over a communication bus 50 to local controllers [0038]; the current distribution ratios may be a function of the state of charge [0051]),
and determine state of charge sections in which the sum of the distribution ratios is equal to or greater than a threshold ratio as usage patterns Duan (e.g., distribution ratios for converters providing a positive current flow are assigned according to weighting factors (i.e., the sum of the distribution ratios) taking into account a plurality of predetermined ranges of SOC values (or other states) (i.e., determine state of charge sections) of each respective battery unit. For example, FIG. 13 shows a scale from 0 to 100% SOC, wherein a first threshold T1 defines a low region for SOC values less than T1. A second threshold T2 defines a high region for SOC values greater than T2 (i.e., greater than a threshold ratio). The thresholds define a mid-region for SOC values between T1 and T2 (i.e., equal to a threshold ratio) [0052]; a reference (i.e., as usage patterns) state of charge is determined as a median SOC, arithmetic average SOC, or a maximum or a minimum SOC of the cells in the battery pack [0054]).
The prior art alone or in combination fails to teach wherein the distribution ratios are a ratio of holding time over the preset period in combination with the rest of the limitations. However the claims are not allowable as there is no support in the specification for this limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Ryu Ki Seon, KR 20180119835 – discloses a battery SOC history distribution (see abstract, Pg 5 “For example, the reduction rate of the battery capacity may be 20%. When the rate of decrease in the capacity of the battery exceeds a predetermined value, the controller 220 may determine whether the average battery charge rate in the first period is less than the third charge rate. The control unit 220 may determine whether the average battery charging rate within the last 30 days is less than the third charging rate. For example, the third charge rate may be when the charge amount of the battery is 40%” and Page 7 “Items are stored index, SOC 30% or less, SOC 30% ~ 40%, SOC 40% ~ 50%, SOC 50% ~ 60%, SOC 60% ~ 70%, SOC 70% ~ 80%, SOC 80 It may have values of% to 90%, SOC 90% to 100%, minimum value of internal resistance (Ri), total charge value, total discharge value (LIN_On) and total discharge value (LIN_Off).”) Additionally this reference teaches determining when the distribution seciont is maximum (see page 8).
Hagimoto (US 20190319315) – discloses determine a sum of distribution ratios for each section of a state of charge based on the battery state history data (e.g., The ratio of remaining capacity α indicates the remaining capacity A1 of the first battery B1 to the sum of the remaining capacity A1 of the first battery B1 and the remaining capacity A2 of the second battery B2 (i.e., determine a sum of distribution ratios for each section of a state of charge). Then, the ECU 40 adjusts electric energy by using the ratio of remaining capacity α and a distribution ratio β (i.e., distribution ratios) [0028]; an ECU may learn a history of a change in the remaining capacity A1 of the first battery B1 and a history of a change in the remaining capacity A2 of the second battery B2 (i.e., based on the battery state history) and perform distribution control on which a tendency according to the histories is reflected. The ECU includes a history learning unit to learn the history of remaining capacity [0047]),
determine state of charge sections in which the sum of the distribution ratios is equal to or greater than a threshold ratio as usage patterns (e.g., The ratio of remaining capacity α becomes a predetermined value within a range of 0 to 1 (0≤α≤1) [0028]).
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.
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/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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