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 .
Claim Status
Claims 1-5, 9-10 are amended.
Claims 12-14 are new.
Claims 1-14 are considered on the merits.
Response to Arguments
Applicant's arguments filed 12/08/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art has specific differences from the instant application as follows:.
Fujikawa does not disclose “compare a ratio of the electrolytic solution passing amount to a free volume of a container in which the secondary battery is accommodated with one or more first thresholds” and Nakayama does not remedy this deficiency.
In regards to argument a, while the examiner acknowledges that Fujikawa in view of Nakayama does not explicitly disclose “compare a ratio of the electrolytic solution passing amount to a free volume of a container in which the secondary battery is accommodated with one or more first thresholds”, the limitations “the ECU configured to: calculate an electrolyte solution passing amount…compare a ratio…and generate predetermined notification information” are functional language. The management system taught by Fujikawa in view of Nakayama comprises a voltage sensor, a current sensor, temperature sensors, and a controller that has a microcomputer and non-volatile memory which stores predetermined data ([0123]); the controller controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a voltage sensor, a current sensor, temperature sensor, and a controller having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]) it is capable of calculating an electrolytic solution passing amount, comparing that to a free volume of a container in which the secondary battery is accommodated, and generate a notification. One or more first thresholds can be met by any value determined by one of ordinary skill in the art. Furthermore, in light of the instant specification, which defines free-volume as “dead space that is not occupied by constituents including the module in the container” (Instant specification [0047]; [0033]), determination of a free-volume inside a battery can be computed by one of ordinary skill in the art based on battery component dimensions. Therefore, determination of free volume is within the ambit of one of ordinary skill in the art and is merely a value which can be input to the management system taught by Fujikawa in view of Nakayama.
The amendments to claims 1, 5 and 9 overcome the 112(b) rejections. The 112(b) rejection of claims 1-11 has been withdrawn.
Claim Rejections - 35 USC § 112
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.
Claim 2 is 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.
Claim 2 recites the limitation "the controlling portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US 20210273270 A1) hereinafter "Fujikawa" in view of Nakayama et al. (JP 2016072180 A) hereinafter "Nakayama", cited on the IDS filed 11/28/2022, reference is made to the enclosed machine translation.
Regarding claim 1, Fujikawa teaches a battery module that includes a plurality of cells, a cooling system and a management system comprising: a controller, a voltage sensor, a current sensor, temperature sensors ([0013]; [0031]; [0041]; [0043]-[0045]). Fujikawa teaches a controller having a microcomputer and non-volatile memory (considered equivalent to a processor and a memory), that controls current flowing in the battery module in response to temperature information ([0047]; [0066]-[0068]; [0131]). Fujikawa teaches wherein the controller transmits an instruction signal to the cooling system management unit to increase cooling fluid flow rate in the case of elevated temperature data ([0071]; equivalent to notification information). Further, Fujikawa teaches that the management system retains a table or function that is created in advance and defines relationships between a plurality of conditions including a measured temperature of a surface of cell, an environmental temperature in battery module or in the battery pack, a temperature of the cooling liquid, and a current that flows through battery module and the maximum temperature, and the maximum temperature is estimated using table or the function ([0123]).
Fujikawa does not teach calculating an electrolytic solution passing amount based on a temperature history of the secondary battery; comparing a ratio of the electrolytic solution passing amount to a free volume of a container in which the secondary battery is accommodated with one or more first thresholds; and generating predetermined notification information on gas content in response to determining that the ratio is equal to or more than the one or more first thresholds.
However, Nakayama teaches a method of calculating electrolyte permeation amount based on a predetermined relationship between battery temperature and permeation rate of the electrolyte in the battery cell ([0065]-[0069]; [0029]-[0030]). Nakayama teaches that an electronic control unit acquires a temperature history of battery cells using a temperature sensor, stores it, and then uses this temperature history to calculate electrolyte permeation amount ([0013]; [0065]-[0069]). Nakayama teaches that a control unit sets a deterioration flag to ON in response to various thresholds ([0079]). Nakayama teaches that consideration of the state of electrolyte is important to understand a battery’s degradation state ([0004]; [0079]). Nakayama further teaches that gas is generated within a battery ([0018]) and that increased internal pressure can lead to deterioration of battery components ([0019]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have configured the management system taught by Fujikawa to calculate electrolyte permeation amount based on a temperature history as taught by Nakayama.
One of ordinary skill in the art would have been motivated to configured the management system taught by Fujikawa to calculate electrolyte permeation amount based on a temperature history as taught by Nakayama to determine the deterioration level of a battery ([0004]; [0079]).
Fujikawa in view of Nakayama is silent as to a free volume of a container in which a secondary battery is accommodated.
However, in light of the instant specification, which defines free-volume as “dead space that is not occupied by constituents including the module in the container” (Instant specification [0047]; [0033]), determination of a free volume inside a battery can be computed by one of ordinary skill in the art based on battery component dimensions. Therefore, determination of free volume is within the ambit of one of ordinary skill in the art and is merely a value which can be input to the management system taught by Fujikawa in view of Nakayama.
Further, the limitations “the ECU configured to: calculate an electrolyte solution passing amount…compare a ratio…and generate predetermined notification information” are functional language. The management system taught by Fujikawa in view of Nakayama comprises a voltage sensor, a current sensor, temperature sensors, and a controller that has a microcomputer and non-volatile memory; the controller controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a voltage sensor, a current sensor, temperature sensor, and a controller having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]) it is capable of calculating an electrolytic solution passing amount, comparing that to a free volume of a container in which the secondary battery is accommodated, and generate a notification. One or more first thresholds can be met by any value determined by one of ordinary skill in the art.
Regarding claim 3, Fujikawa in view of Nakayama teaches the control device according to claim 1. Fujikawa teaches that the management system manages charge-discharge ([0032]; [0085]-[0086) and the controller portion controls current flowing in the battery module in response to temperature information ([0047]; [0066]-[0068]; [0131]).
Fujikawa in view of Nakayama does not teach wherein the ECU is further configured to: calculate an electrolytic solution residual amount in the secondary battery based on the electrolytic solution passing amount; determine whether it is necessary to decrease an input-output amount of the secondary battery based on the electrolytic solution residual amount and one or more second thresholds; and based upon the determination that it is necessary to decrease the input-output amount, decrease the input-output amount of the secondary battery based on the electrolytic solution residual amount.
However, the management system taught by Fujikawa in view of Nakayama comprises a voltage sensor, a current sensor, temperature sensor, and a controller that has a microcomputer and non-volatile memory; the controller reduces an amount of current supplied from the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a controller having a microcomputer and non-volatile memory, that reduces current supplied from the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]) it is capable of calculating an electrolytic solution passing amount, determining gas content based on electrolytic solution passing amount and a free volume inside a battery container, forming a notification, and decreasing an output amount of the battery. One or more second thresholds can be met by any value determined by one of ordinary skill in the art.
Regarding claim 4, Fujikawa in view of Nakayama teaches the control device according to claim 3. Fujikawa further teaches wherein the controller determines whether it is necessary to increase a cooling work load to the secondary battery based on temperature data and an upper limit; and when the controller determines that it is necessary to increase the cooling work load, the controller further increases the cooling work load based on temperature data ([0071]; [0073]-[0078]).
Fujikawa in view of Nakayama does not teach wherein an increase in cooling work load to the secondary battery is determined based on the electrolytic solution residual amount.
However, the management system taught by Fujikawa in view of Nakayama comprises a controller, having a microcomputer and non-volatile memory; the controller uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]), controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), and transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a controller, having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information, and increases a cooling system work load based on temperature data and an upper limit (Fujikawa [0047]; [0066]-[0068]; [0131]; [0071]; [0073]-[0078) it is further capable of determining whether it is necessary to increase a cooling work load to the secondary battery based on an electrolytic solution residual amount and one or more third thresholds. One or more third thresholds can be met by any value determined by one of ordinary skill in the art.
Regarding claim 5, Fujikawa in view of Nakayama teaches the control device according to claim 4. Fujikawa teaches wherein the controller reduces current flowing from the battery module and/or increases a cooling system work load based on temperature data and an upper limit (Fujikawa [0047]; [0066]-[0068]; [0131]; [0071]; [0073]-[0078]). “One or more third thresholds” allows any information selected by one of ordinary skill in the art to meet the functional definition absent further definition.
Regarding claim 6, Fujikawa in view of Nakayama teaches the control device according to claim 1. Fujikawa further teaches wherein the secondary battery is provided in a vehicle ([0033]-[0036]).
Regarding claim 7, Fujikawa in view of Nakayama teaches the control device according to claim 1. Fujikawa further teaches control system for a secondary battery, the control system comprising: the secondary battery; and the control device being configured to control the secondary battery ([0033]; [0047]; [0065]-[0067]; [0041]).
Regarding claim 8, The control system according to claim 7, wherein the control system is a control system for a secondary battery provided in a vehicle ([0033]; [0036]; [0041]).
Regarding claim 9, Fujikawa teaches a battery module that includes a plurality of cells, a cooling system and a management system comprising: a controller, a voltage sensor, a current sensor, temperature sensors ([0013]; [0031]; [0041]; [0043]-[0045]). Fujikawa teaches a controller having a microcomputer and non-volatile memory (considered equivalent to a processor and a memory), that controls current flowing in the battery module in response to temperature information ([0047]; [0066]-[0068]; [0131]). Fujikawa teaches that the management system manages charge-discharge ([0032]; [0085]-[0086) and the controller portion controls current flowing in the battery module in response to temperature information ([0047]; [0066]-[0068]; [0131]). Fujikawa teaches that the controller estimates the state of charge (SOC) of battery cells and manages the battery cells based on voltage measured by the voltage measurer ([0047]-[0048]; [0051]). Fujikawa teaches a controller having a microcomputer and non-volatile memory ([0047]). Fujikawa teaches wherein the controller transmits an instruction signal to the cooling system management unit to increase cooling fluid flow rate in the case of elevated temperature data ([0071]; equivalent to notification information). Further, Fujikawa teaches that the management system retains a table or function that is created in advance and defines relationships between a plurality of conditions including a measured temperature of a surface of cell, an environmental temperature in battery module or in the battery pack, a temperature of the cooling liquid, and a current that flows through battery module and the maximum temperature, and the maximum temperature is estimated using table or the function ([0123]).
Fujikawa does not explicitly teach where the ECU acquires a total voltage of the secondary battery from a sensor; determines whether the total voltage of the secondary battery is zero; calculate an electrolytic solution passing amount based on a temperature history of the secondary battery, based upon the determination that the total voltage is not zero: calculates an electrolytic solution residual amount of the secondary battery based on a difference between the electrolytic solution passing amount and an initial electrolytic solution amount that is determined in advance; determines whether the electrolytic solution residual amount is equal to or less than one or more second thresholds; based upon the electrolytic solution residual amount being less than one or more second thresholds acquire a state of charge (SOC) of the secondary battery and outputs a control signal indicative of a content to decrease the an input- output amount of the secondary battery based on the electrolytic solution residual amount and the SOC; based upon the determination that the total voltage is zero: compares a ratio of the electrolytic solution passing amount to a free volume of a container in which the secondary battery is accommodated with one or more first thresholds; and generates predetermined notification information on gas content in response to determining that the ratio is equal to or more than the one or more first thresholds.
However, Nakayama teaches a method of calculating electrolyte permeation amount based on a predetermined relationship between battery temperature and permeation rate of the electrolyte in the battery cell ([0065]-[0069]; [0029]-[0030]). Nakayama teaches that an electronic control unit acquires a temperature history of battery cells using a temperature sensor, stores it, and then uses this temperature history to calculate electrolyte permeation amount ([0013]; [0065]-[0069]). Nakayama teaches that a control unit sets a deterioration flag to ON in response to various thresholds ([0079]). Nakayama teaches that consideration of the state of electrolyte is important to understand a battery’s degradation state ([0004]; [0079]). Nakayama further teaches that gas is generated within a battery ([0018]) and that increased internal pressure can lead to deterioration of battery components ([0019]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have configured the management system taught by Fujikawa to calculate electrolyte permeation amount based on a temperature history as taught by Nakayama.
One of ordinary skill in the art would have been motivated to configured the management system taught by Fujikawa to calculate electrolyte permeation amount based on a temperature history as taught by Nakayama to determine the deterioration level of a battery ([0004]; [0079]).
Fujikawa in view of Nakayama is silent as to a free volume of a container in which a secondary battery is accommodated.
However, in light of the instant specification, which defines free-volume as “dead space that is not occupied by constituents including the module in the container” (Instant specification [0047]; [0033]), determination of a free-volume inside a battery can be computed by one of ordinary skill in the art based on battery component dimensions. Therefore, determination of free volume is within the ambit of one of ordinary skill in the art and is merely a value which can be input to the management system taught by Fujikawa in view of Nakayama.
Further, the limitations “the ECU configured to: acquire… calculate an electrolytic solution passing amount…calculate an electrolytic solution residual amount….determine…acquire a state of charge…output a control signal…compare a ratio….generate a predetermined notification” are functional language. The management system taught by Fujikawa in view of Nakayama comprises a controller, having a microcomputer and non-volatile memory, that estimates the state of charge (SOC) of battery cells based on voltage measured by the voltage measurer ([0047]-[0048]; [0051]), controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a voltage sensor, a current sensor, temperature sensor, and a controller having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information and estimates the state of charge (SOC) of battery cells based on voltage measured by the voltage sensor ([0047]-[0048]; [0051]; [0066]-[0068]; [0131]) it is capable of performing the functional limitations of claim 9, for example acquiring a total voltage, calculating an electrolytic solution passing and residual amount, acquiring a SOC, outputting a control signal, comparing a ratio of the electrolytic solution passing amount to a free volume of a container, and generating a notification. One or more first thresholds and one or more second thresholds can be met by any value determined by one of ordinary skill in the art.
Regarding claim 10, Fujikawa in view of Nakayama teaches the control device according to claim 9. Fujikawa further teaches wherein the controller determines whether it is necessary to increase a cooling work load to the secondary battery based on temperature data and an upper limit; and when the controller determines that it is necessary to increase the cooling work load, the controller further increases the cooling work load based on temperature data ([0071]; [0073]-[0078]).
Fujikawa in view of Nakayama does not teach wherein an increase in cooling work load to the secondary battery is determined based on the electrolytic solution residual amount.
However, the management system taught by Fujikawa in view of Nakayama comprises a controller, having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a controller, having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information, and increases a cooling system work load based on temperature data and an upper limit (Fujikawa [0047]; [0066]-[0068]; [0131]; [0071]; [0073]-[0078) it is further capable of determining whether it is necessary to increase a cooling work load to the secondary battery based on an electrolytic solution residual amount and one or more third thresholds. One or more third thresholds can be met by any value determined by one of ordinary skill in the art.
Regarding claim 11, Fujikawa in view of Nakayama teaches the control device according to claim 9. Fujikawa further teaches wherein the secondary battery is provided in a vehicle ([0033]-[0036]).
Regarding claim 12, Fujikawa in view of Nakayama teaches the control device according to claim 1. Fujikawa teaches that the controller manages the battery based on voltage measured by the voltage measurer ([0047]-[0048]; [0051]).
Fujikawa in view of Nakayama does not explicitly teach wherein the electrolytic solution passing amount is calculated when a total voltage of the secondary battery is zero.
However, the management system taught by Fujikawa in view of Nakayama comprises a voltage sensor, a current sensor, temperature sensors, and a controller that has a microcomputer and non-volatile memory; the controller controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]), transmits an instruction signal to the cooling system management unit in response to temperature data (Fujikawa [0071]), and uses a temperature history to calculate electrolyte permeation amount (Nakayama [0013]; [0065]-[0069]). Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007). As Fujikawa in view of Nakayama teaches a management system that comprises a voltage sensor, a current sensor, temperature sensor, and a controller having a microcomputer and non-volatile memory, that controls current flowing in the battery module in response to temperature information (Fujikawa [0047]; [0066]-[0068]; [0131]) it is capable of determining total voltage and subsequently calculating an electrolytic solution passing amount when that voltage is, for example, zero.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa (US 20210273270 A1) in view of Nakayama (JP 2016072180 A), as applied above, in further view of Erhart (US 20200112016 A1).
Regarding claim 2, Fujikawa in view of Nakayama teaches the control device according to claim 1.
Fujikawa does not teach wherein, when the controlling portion determines that the secondary battery is electrically disconnected, the ECU provides the notification information.
However, Erhart teaches a battery module including a plurality of secondary battery cells; a gas sensor; and a housing accommodating the battery module and the gas sensor (abstract). Erhart teaches that when an abnormal condition is detected one of a first system terminal and a second terminal is disconnected from the battery module, the battery system is switched to an emergency mode, a notification is transmitted to a user of the battery system, cooling of the battery system is increased, a power state (SOP) of the battery system is reduced, and/or a fire extinguishing system for the battery system is triggered ([0038]-[0039]). Erhart teaches that early signs of failure of should be detected to prevent catastrophic failure ([0036]).
It is known in the art to electrically disconnect a battery and provide a notification based on information on gas in a battery. Therefore, one of ordinary skill in the art, could configure the control device taught by Fujikawa in view of Nakayama such that when the controlling portion determines that the secondary battery is electrically disconnected, the ECU provides the notification information as taught by Erhart.
One of ordinary skill in the one of ordinary skill in the art, could configure the control device taught by Fujikawa in view of Nakayama such that when the controlling portion determines that the secondary battery is electrically disconnected, the ECU provides the notification information as taught by Erhart to further increase safety ([0036]).
Claim(s) 13-14 is rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa (US 20210273270 A1) in view of Nakayama (JP 2016072180 A), as applied above, in further view of Haussmann (US 20190190097 A1) .
Regarding claim 13, Fujikawa in view of Nakayama teaches the control device according to claim 1.
Fujikawa in view of Nakayama is silent as to a free volume of a container in which a secondary battery is accommodated.
However, in light of the instant specification, which defines free-volume as “dead space that is not occupied by constituents including the module in the container” (Instant specification [0047]; [0033]), determination of a free volume inside a battery can be computed by one of ordinary skill in the art based on battery component dimensions.
Further, Haussmann teaches that free volume is a space in which no battery cells or system components of the battery system are present ([0004]).
Therefore, it would be obvious to one of ordinary skill in the art to utilize the art recognized definition of free volume.
Regarding claim 14, Fujikawa in view of Nakayama teaches the control device according to claim 9.
Fujikawa in view of Nakayama is silent as to a free volume of a container in which a secondary battery is accommodated.
However, in light of the instant specification, which defines free-volume as “dead space that is not occupied by constituents including the module in the container” (Instant specification [0047]; [0033]), determination of a free volume inside a battery can be computed by one of ordinary skill in the art based on battery component dimensions.
Further, Haussmann teaches that free volume is a space in which no battery cells or system components of the battery system are present ([0004]).
Therefore, it would be obvious to one of ordinary skill in the art to utilize the art recognized definition of free volume.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kitamura (JP 2010049917 A) teaches device for monitoring the remaining amount of an electrolyte of a lead-acid battery, capable of detecting decrease in an electrolyte in a simple constitution and warning a user about it (abstract).
Li et al. (CN 109888422 A) teaches a method for determining a residual electrolyte amount of a lithium-ion battery (abstract).
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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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728