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 18 November 2025 have been fully considered but they are not persuasive. In response to applicant's argument that the prior art detects battery leakage during an overcharge whereas the instant application does not require an overcharge to occur, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the prior art includes all of the claimed structure, and is capable of temperature change comparisons as required by the claims, regardless of the state of battery charge.
Relevant MPEP Sections
MPEP 2114 relating to Apparatus and Article claims – Functional Language: While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. >In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)
Claim Rejections - 35 USC § 102
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.
Claims 8-15 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Toyota Motor Co. (JP 2003-204627 A, cited in IDS, see attached machine translation for paragraph numbers).
In regard to claim 8, Toyota Motor Co. teach a battery module, wherein the battery module (figure 1) comprises a plurality of batteries in one or more rows of batteries (battery block 5 comprised of one or more single batteries – paragraph [0030]);
a plurality of temperature sensors including a first temperature sensor corresponding to one battery or a plurality of batteries located in a same row (see battery block 51 which is two modules in a row, each module including six cells sealed in a single case – paragraph [0034]), the first temperature sensor being configured to detect a battery temperature of the corresponding one battery or the plurality of batteries located in the same row (paragraphs [0018] – temperature sensor for each battery block; assembled battery 5 composed of modules in series – paragraph [0034]); and
a battery management system (controllers 8, 9, 10 etc. – paragraph [0030], figure 2) in communication with the plurality of temperature sensors and the plurality of batteries, the battery management system configured to obtain a plurality of battery temperatures detected by the plurality of temperature sensors at a first moment, wherein a battery temperature detected by a first temperature sensor at the first moment is a first battery temperature of a first battery set, and a battery comprised in the first battery set is located in a plurality of batteries and corresponds to the first temperature sensor; determine a standard battery temperature (normal battery temperature T1) based on the plurality of battery temperatures detected by the plurality of temperature sensors at the first moment; obtain a second battery temperature, wherein the second battery temperature is a battery temperature of the first battery set at a second moment, and the second moment is later than the first moment; calculate a temperature change rate of the first battery set based on a first difference between the first battery temperature and the second battery temperature and a second difference between the first moment and the second moment (temperature change rate per time using dT1, dT2 /dt to calculate differential value); and determine that a battery in the first battery set has a liquid leakage risk when a third difference between the first battery temperature and the standard battery temperature is greater than a first temperature threshold, and the temperature change rate is greater than a temperature change rate threshold (paragraphs [0016-0019, 0068] – determine normal battery temperature T1, identify leaking batteries when temperature change differentials dT1, dT2 and/or dT1-dT2/dt are greater than “a constant obtained from the battery characteristics” i.e. a threshold).
While the prior art does explicitly teach the claimed functionality, the Examiner notes that a majority of the instantly claimed limitations (in both independent and dependent claims) relate to a functionality of the claimed apparatus, which does not distinguish the instant claims from the prior art (see MPEP 2114 above). The prior art contains all of the structure and programming required to perform the claimed functionality, and therefore anticipates the claims.
In regard to claim 9, the battery management system is configured to determine an average value of the plurality of battery temperatures detected by the plurality of temperature sensors at the first moment as the standard battery temperature (paragraphs [0016-0019, 0068] – determine normal battery temperature T1).
In regard to claim 10, the first battery set comprises a first battery; and the battery management system is further configured to: obtain a battery voltage (V1, V2 etc.) of each of the plurality of batteries at the first moment, wherein a voltage of the first battery at the first moment is a first battery voltage; determine a standard battery voltage based on the battery voltage of each of the plurality of batteries at the first moment; and determine that the first battery is faulty when a fourth difference between the first battery voltage and the standard battery voltage is greater than a first voltage threshold (paragraphs [0062-0067] – determine voltage differentials per unit time to identify leaking batteries).
In regard to claim 11, the battery management system is further configured to: obtain a second battery voltage V2, wherein the second battery voltage is a voltage of the first battery at the second moment; and determine a voltage change rate of the first battery based on a fifth difference between the second battery voltage and the first battery voltage and the second difference (determine differentials); and the battery management system is configured to determine that the first battery is faulty when the fourth difference between the first battery voltage and the standard battery voltage is greater than the first voltage threshold, and the voltage change rate is greater than a voltage change rate threshold (paragraphs [0062-0067] – determine voltage differentials per unit time to identify leaking batteries, which occurs continuously i.e. fourth, fifth etc. number of times).
In regard to claim 12, the battery management system is configured to determine an average value of battery voltages of the plurality of batteries at the first moment as the standard battery voltage (paragraphs [0063-0068] – the prior art defines a predetermined voltage and voltage differential).
In regard to claim 13, the first moment is adjacent to the second moment (paragraphs [0068] – dt, i.e. a unit of time).
In regard to claim 14, each of the plurality of batteries corresponds to one temperature sensor (paragraphs [0018] – temperature sensor for each battery).
In regard to claim 15, Toyota Motor Co. teach a battery pack, wherein the battery pack comprises a plurality of coupled battery modules, a battery module of the plurality of coupled battery modules comprising: a plurality of batteries in one or more rows of batteries (see battery block 51 which is two modules in a row, each module including six cells sealed in a single case – paragraph [0034]);
a plurality of temperature sensors including a first temperature sensor corresponding to one battery or a plurality of batteries located in a same row, the first temperature sensor being configured to detect a battery temperature of the corresponding one battery or the plurality of batteries located in the same row (paragraphs [0018] – temperature sensor for each battery block); and
a battery management system (controller 8-10) in communication with the plurality of temperature sensors and the plurality of batteries, the battery management system configured to: obtain a plurality of battery temperatures detected by the plurality of temperature sensors at a first moment, a first battery temperature detected by a first temperature sensor at the first moment comprising a first battery temperature of a first battery set, and a battery comprised in the first battery set is located in a plurality of row batteries and corresponds to the first temperature sensor; determine a standard battery temperature (normal battery temperature T1) based on the plurality of battery temperatures detected by the plurality of temperature sensors at the first moment; obtain a second battery temperature of the first battery set at a second moment, the second moment being later in time than the first moment; calculate a temperature change rate of the first battery set based on a first difference between the first battery temperature and the second battery temperature and a second difference between the first moment and the second moment; and determine that a battery in the first battery set has a liquid leakage risk when a third difference between the first battery temperature and the standard battery temperature is greater than a first temperature threshold, and the temperature change rate is greater than a temperature change rate threshold (paragraphs [0016-0019, 0068] – determine normal battery temperature T1, identify leaking batteries when temperature change differentials dT1 and/or dT2/dt are greater than “a constant obtained from the battery characteristics” i.e. a threshold).
While the prior art does explicitly teach the claimed functionality, the Examiner notes that a majority of the instantly claimed limitations (in both independent and dependent claims) relate to a functionality of the claimed apparatus, which does not distinguish the instant claims from the prior art (see MPEP 2114 above). The prior art contains all of the structure and programming required to perform the claimed functionality, and therefore anticipates the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US Patent No. 10,699,278 (newly cited) teaches battery cell temperature measurement and sensor management.
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 Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723