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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on0 4/16/2026 has been entered.
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 36-40, 42- 45, 47, 49-53 and 55 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 36 and 44 recite “wherein the control circuitry is operable to control operation of the switches of the battery pack such that: during a first phase of a repeating charging cycle comprising the first phase, a second phase, and a third phase, a cell of a first cell string of the set of N parallel- coupled switched cell strings of the battery pack receives the charging current and a cell of a second cell string of the set of N parallel-coupled switched cell strings of the battery pack receives no charging current; during the second phase of the charging cycle, the cell of the second cell string receives the charging current and the cell of the first cell string receives no current; and during the third phase of the charging cycle, the cells of the N parallel-coupled switched cell strings receive no charging current.” (emphasize added). The underlined limitation of the claims not supported by applicant’s original disclosure. The original disclosure discloses a plurality of charging phases or cycles. . The specification does not describe how such charging is conveyed.
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.
Claims 36-37, 39-40, 42-45, 50 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Sherstyuk et al. (US 2019/0222037), hereinafter Sherstyuk, in view of Mach (US 2010/0237832).
As to claims 36 and 44, Sherstyuk discloses in figure 6A, a battery pack [battery pack 1] comprising:
a set of N parallel-coupled switched cell strings [switch cells 3-11; see figure 6A], each switched cell string comprising a cell [cells 3-11] and a switch [switches 12-20] for selectively coupling a first terminal of the cell to a first terminal of the battery pack [the battery pack], wherein the battery pack further comprises control circuitry [control circuitry (2)] configured to control the switches of the cell strings [strings 12-20] to steer a charging current received by the battery pack to the cell of each of the cell strings according to one or more predetermined duty cycles [controller controls switches and ¶0029-0030].
Sherstyuk does not disclose explicitly, wherein the control circuitry is operable to control of the switches of the battery pack such that: during a first phase of a repeating charging cycle comprising the first phase, a second phase and a third phase, a cell of a first cell string of the battery pack receives the charging current and a cell of a second cell string of the battery pack receives no charging current; and during a second phase of the charging cycle, the cell of the second cell string receives the charging current and the cell of the first cell string receives no current.
Mach discloses in figure 1, wherein the control circuitry [control circuit 120] is operable to control operation of the switches [switches 130] of the battery pack [battery pack 201-204] such that: during a first phase of a repeating charging cycle, the first phase, a second phase and a third phase a cell of a first cell string of the battery pack receives the charging current and a cell of a second cell string of the battery pack receives no charging current; and during a second phase of the charging cycle, the cell of the second cell string receives the charging current and the cell of the first cell string receives no current [¶0030-0035; batteries are charging and discharging sequentially/ in difference cycles].
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to charge and discharge plurality of batteries of Sherstyuk in phase of charging cycles as taught by Mach in order to improve efficient of charging of batteries.
As to claim 37, Sherstyuk discloses in figure 6A, comprising a selectable shunt path [bypass elements (602)] coupled in parallel with the set of switched cell strings [¶0039].
As to claim 39, Sherstyuk discloses in figure 6A, a control [controller unit 2; see ¶0021] terminal for receiving one or more control signals to control operation of the switches [see ¶0021-0022].
As to claim 40, Sherstyuk discloses in figure 6, wherein the duty cycle is variable based on a parameter of the battery, wherein the parameter of the battery comprises one or more of: a state of charge of a cell; a terminal voltage of a cell; and/or a total accumulated charging time of a cell over a plurality of charging cycles [the charging switching is based on battery voltages; see ¶0025 and also ¶0048].
As to claim 45, Sherstyuk discloses in figure 6, wherein the duty cycle is variable based on a parameter of the battery, wherein the parameter of the battery comprises one or more of: a state of charge of a cell; a terminal voltage of a cell; and/or a total accumulated charging time of a cell over a plurality of charging cycles [the charging switching is based on battery voltages; see ¶0025 and also ¶0048].
As to claim 50, Sherstyuk discloses in figure 6, wherein the charging device further comprises a selectable shunt path, wherein, in use of the charging device, the selectable shunt path is coupled in parallel with the cell strings of the battery pack [selector (302); see ¶0026-0027].
As to claim 55 , Mach discloses in figure 1, wherein the host device comprises an electric vehicle, an electric bicycle, a wheelchair, an electric scooter, a cordless power tool, a computing device, a laptop, notebook or tablet computer, a portable battery powered device, a mobile telephone or an accessory device for such a host device [¶0022].
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Khrystiuk in view of Mach, and in view of Tatebayashi et al. (US 2010/0237829), hereinafter Tatebayashi.
As to claim 38, Sherstyuk discloses all of the claim limitations except, wherein the selectable shunt path comprises a resistive element coupled in series with a shunt control switch.
Tatebayashi discloses in figure 1, wherein the selectable shunt path comprises a resistive [the shunt bass (20) includes resistor and switches; see figure 5 and also see ¶0045-0046] element coupled in series with a shunt control switch.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to add resistor and switch elements in Sherstyuk as taught by Tatebayashi in order to avoid battery damage due to over-discharging and under-discharging.
Claims 43 and 51 -53 are rejected under 35 U.S.C. 103 as being unpatentable over Sherstyuk in view of in view of Mach, and in five of Tatebayashi et al. (US 2010/0237829), hereinafter Tatebayashi.
As to claim 43, neither Sherstyuk nor Mach discloses, wherein the selectable shunt path comprises a resistive element coupled in series with a shunt control switch, and wherein the control circuitry is operable to cause the switches of the first and second cell string to be open and to cause the shunt control switch to be closed during a third phase, such that the charging current is steered through the resistive element during the third phase.
Tatebayashi discloses in figure 1, wherein the selectable shunt path comprises a resistive element [the shunt element (20) includes resistor and switches elements, see figure 5 and also see ¶0045-0046] coupled in series with a shunt control switch, and wherein the control circuitry is operable to cause the switches of the first and second cell string to be open and to cause the shunt control switch to be closed during a third phase, such that the charging current is steered through the resistor element during the third phase [see ¶0045-0046]
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to add resistor and switch elements in Sherstyuk as taught by Tatebayashi in order to avoid battery damage due to over-discharging and under-discharging.
As to claim 51, Tatebayashi discloses in figure 1, wherein the selectable shunt path comprises a resistive element coupled in series with a shunt control switch [the shunt element (20) includes resistor and switches elements, see figure 5 and also see ¶0045-0046].
As to claim 52, neither Sherstyuk nor Tatebayashi discloses, wherein the control circuitry is operable to cause the switches of the first and second cell string to be open and to cause the shunt control switch to be closed during the third phase, such that the charging current is steered through the resistive element during the third phase.
Mach discloses in figure 1, wherein the control circuitry [control circuit 120] is operable to control cause the switches [switches 130] of the first and second cell string to be open and to cause the shunt control switch to be closed during the third phase such that the charging current is steered through the resistive element during the third phase [¶0030-0035; batteries pack [201-204 ] are charging and discharging sequentially/ in difference cycles].
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to charge and discharge plurality of batteries of Sherstyuk in phase of charging cycles as taught by Mach in order to improve efficient of charging of batteries.
As to claim 53, Mach discloses in figure 1, wherein the control circuitry is operable to cause the switches of the first and second cell string and the shunt control switch to be closed during the third phase, so as to partially discharge the cells of the first and second cell strings through the resistive element during the third phase [¶0030-0035; batteries pack [201-204 ] are charging and discharging sequentially/ in difference cycles]..
Claims 42 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Sherstyuk in view of Mach, and further in view of Fauteux et al. (US 2021/0257840), hereinafter Fauteux. .
As to claim 42, neither Sherstyuk nor Mach discloses, wherein the control circuitry is operable to control operation of the switches such that over a plurality of charging cycles, an average duration of the first and second phases is constant, but the duration of individual first and second charging phases varies.
Fauteux discloses in figure 1, wherein the control circuitry is operable to control operation of the switches such that over a plurality of charging cycles [Fauteux discloses the cycles have different durations].
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use different charging cycles in Sherstyuk’s apparatus as taught by Fauteux in order to improve the battery charging and discharging process.
However, Shersuktyuk , Mach and Fauteux do not disclose explicitly, an average duration of the first and second phases is constant, but the duration of individual first and second charging phases varies.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use different charging cycles or pulse durations in Shersuktyuk’s apparatus , since it has been held that discovering an optimum value of a result effective variable involves only routine s-kill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As to claim 47, Shersuktyuk , Mach and Fauteux disclose, wherein the control circuitry is operable to control operation of the switches such that over a plurality of charging cycles.
Shersuktyuk, Mach and Fauteux do not disclose explicitly, an average duration of the first and second phases is constant, but the duration of individual first and second charging phases varies.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use different charging cycles or pulse durations in Shersuktyuk’s apparatus , since it has been held that discovering an optimum value of a result effective variable involves only routine s-kill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 49 is rejected under 35 U.S.C. 103 as being unpatentable over Sherstyuk in view of Mach, Brink et al. (US 6,114,838)
As to claim 49, Sherstyuk nor Mach charging device according to claim 48, wherein the control circuitry is operable to cause the current source to act as a current sink during the third phase so as to partially discharge the cells of the first and second cell strings through the current source during the third phase.
Brink discloses in figure 2, wherein the control circuitry is operable to cause the current source to act as a current sink [current sink element (202)] during the third phase so as to partially discharge the cells of the first and second cell strings through the current source during the third phase.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to add current sink elements in Sherstyuk’s apparatus as taught by Brink in order to provide stable bases current.
Response to Arguments
Applicant's arguments filed 4/16/2026 have been fully considered but they are not persuasive.
Applicant argues that In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., repeating charging cycle that comprises; a first phase in which a cell of a first cell string receives a charging current and a cell of a second cell string receives no charging current; a second phase in which the cell of the second cell string receives a charging current and a cell of the first cell string receives no charging current; and a third charging phase in all the cells receive no charging current) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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/SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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