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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 5-6 and 8-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18/020.233 in view of KR20170021055. Hereinafter 055’ (Machine Translation).
App#18/020,212 App# 18/020,233 (hereinafter 233’)
. A battery module comprising: a housing having a terminal; an electrochemical cell in the housing; a relay controlling a current available from the electrochemical cell to the terminal, the relay including a relay coil to control a state of the relay; and a multi-function relay driver electrically coupled to the electrochemical cell, the relay, and connectable to an external load, the multi-function relay driver comprising:
a set point circuit providing a setpoint;
a regulator that receives a voltage from the electrochemical cell and the setpoint from the set point circuit, and controls an output of the regulator provide a first current to the relay coil to control the state of the relay, and a second current; and a direct-current-to-direct-current (DCDC) converter coupled to the regulator to receive the second current and convert the second current to a third current for the external load,
wherein the regulator provides either the first current or the second current but not both the first current or the second current at the same time based on the setpoint from the set point circuit, and wherein the setpoint includes a first setpoint for the first current different from a second setpoint for the second current.
1. A battery module comprising: a housing having a terminal;
A plurality of electrochemical cells in the housing;
a relay controlling a current available from the plurality of electrochemical cells to the terminal, the relay including a relay coil to control a state of the relay; and
a relay driver and control comprising a set point circuit providing a set point, and
a regulator that receives a voltage from the plurality of electrochemical cells and the set point from the set point circuit, the relay driver and control controls an output of the regulator to provide a first direct current (DC) to the relay coil to change the state of the relay from an open state to a closed state, and
a second direct current (DC) based on the set point of the set point circuit to the relay coil to maintain the state of the relay in the closed state, a parameter of the second DC being different from a parameter of the first DC to optimize a power draw on the plurality of electrochemical cells.
233’ does not disclose explicitly, a direct-current-to-direct-current (DCDC) converter coupled to the drive to receive the second current and convert the second current to a third current for the external load.
055’ discloses in figure 2, a direct-current-to-direct-current (DCDC) converter coupled to the drive to receive the second current and convert the second current to a third current for the external load.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use DC/DC converter in 233’s apparatus as taught by 055’ in order to provide precise output voltage and enhance efficiency of charging.
As to claim 2, 055’ discloses, wherein the DCDC converter is microcircuit based DCDC converter [the DC-DC converter is electrical converter].
As to claim 8. 055’ discloses in figures 1, a battery system comprising: a battery [the 12V battery in Fig. 1] having a second terminal [the battery terminal]; wherein the battery module [battery module with 280V outputs see figure above] includes a third terminal [the electrical terminal] connected to the second terminal, the multi-function relay [On/Off relay is disclosed] is connected to the third terminal, and the external load includes the battery [see ¶002-006].
As to claim 10, 055’ discloses in figures 1-5, the method comprising receiving an enable signal having a state [coil ON and OFF signals]; with the multi-function relay driver providing the relay coil with a first current based on the state of the enable signal [ON signal to the relay coil], the first current to drive the relay coil to a closed state [ON signal]; and providing the DCDC converter with a second current based on the state of the enable signal [when the enable signal turns on the coil the DC-DC converter (150) receives input voltage] , the second current converted to a third current for an external load [the converter (150) converts the input signal and provides current to the load].
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 233’ in view of 055’ and further in view of Vezinet (FR2803956A1, Machine Translation).
As to claim 11, 233’ discloses while the multi-function relay driver providing the DCDC converter with the second current at a first voltage [see claim 1]
233’ does not disclose explicitly, monitoring a current value associate with the second current, comparing the current value with a control value, and changing a setpoint, thereby varying the second current.
Vezinet disclose in figure 1, monitoring a current value associate with the second current, comparing the current value with a control value, and changing a setpoint, thereby varying the second current [the instantaneous current i measured and of a programmed current setpoint comparing with a first sequence. A high intensity inrush current necessary for moving the contact piece for a first duration predetermined, and a second sequence of holding current of intensity much lower than that of the inrush current and sufficient to ensure the maintenance of the contact piece; ¶0008].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a set point circuit providing a setpoint and comparing the current values in 233’s apparatus as taught by Vezinet in order to effectively control the charging and discharging of the battery and also to provide power to the load.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over 233’ view of 055’ and in view of Kumeuchi et al. (US 2020/0290479), hereinafter Kumeuchi.
As to claim 9, 233’ discloses all of the claim limitations except, wherein the battery is a lead-acid battery and the battery module is a lithium-ion battery module.
Kumeuchi discloses in figure 1, wherein the battery is a lead-acid battery [battery 12] and the battery module [battery 11] is a lithium-ion battery module [noted that Kumeuchi discloses using both lead-acid battery and lithium-ion battery; see ¶0018].
It would have been obvious to one of ordinary skill in the art at the time the invention was use combinations of lead-acid battery and Lithium-ion battery in 233’s as taught by Kumeuchi in order to have or flexibility outputting high power and low power as needed.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 103
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 1-2, 6, 8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over KR20170021055. Hereinafter 055’ (Machine Translation). 055’, in view of Vezinet (FR2803956A1, Machine Translation)
As to claim 1, 055’disclsoes in figures 1-5 (figure 2 is reproduced below).
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A battery module [battery module 100] comprising:
a housing [110 is a housing] having a terminal [noted that the electrical wires shown above can be considered as terminals] ;
an electrochemical cell [cells (111)] in the housing;
a relay [relay (130)] controlling a current available from the electrochemical cell to the terminal [the battery terminal is connected to the relay], the relay including a relay coil [it is implicit that a relay has a coil] to control a state of the relay; and a multi-function relay driver [controller (140), can be considered as relay driver; see ¶0045-0047] electrically coupled to the electrochemical cell, the relay, and connectable to an external load [load 180] , the multi-function relay driver comprising: a drive [noted that the controller (140) provides current to turn on and off the relay so it drives the relay; see ¶0045-0047] to provide a first current [the current that outputted by the controller to turn OFF the relay] to the relay coil to control the state of the relay, and the drive to further provide a second current [the second current to turn ON the relay (130)] ; and a direct-current-to-direct-current (DCDC) converter [converter (150); see ¶0051] coupled to the regulator to receive the second current and convert the second current to a third current for the external load [the converter receives the second current signal when the relay is on and provides a third current to the load (180); and see ¶0067].
056’ does not disclose explicitly, wherein the multi-function relay driver comprises; a set point circuit providing a setpoint; and wherein the driver comprises a regulator that receives a voltage from the electrochemical cell and the set point from the set point circuit, and controls an output of the regulator, wherein the regulator provides either the first current or the second current but not both the first current or the second current at the same time based on the setpoint from the set point circuit, and wherein the setpoint includes a first setpoint for the first current different from a second setpoint for the second current.
` Vezinet discloses in figure 1, a set point circuit [Fig. 1, set point unit (5)] providing a setpoint [¶0008 or page 2] control setpoint); and a regulator [Fig.1, element 1] that receives a voltage from the electrochemical and the set point from the set point circuit [Fig. 1, element 5] , and controls an output of the regulator [Fig. 1, and element 1] to provide the first DC and the second DC ]see Fig, 2. ]. a first current and a second current, wherein the regulator provides either the first current or the second current but not both the first current or the second current at the same time based on the setpoint from the set point circuit, and wherein the setpoint includes a first setpoint for the first current different from a second setpoint for the second current [the injected or setpoint current values are different, setpoint IM which may be from 5 to 10 times lower than the inrush current setpoint IA. Drive/the controller provides only On or Off current signal not both].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a set point circuit providing a setpoint; and a regulator that receives a voltage from the electrochemical cell and the set point from the set point circuit, and controls an output of the regulator to provide the first DC and the second DC as taught by Vezinet in 055’s apparatus in order to provide a stable power supply to the control coil and ensuring a level of reliability at least equivalent if not higher than that observed with current devices.
As to claim 2, 055’ discloses in figures 1-5, wherein the DCDC converter (150)is a microcircuit- based DCDC converter [the converter (150) is a low voltage DC-DC converter and for conducting the flow of electricity; see ¶0051].
As to claim 6, Vezinet discloses in figure 1, wherein the relay driver and control includes a current sensor [figure 1, element 8], and wherein the controller [controller (9) in figure 1] is further configured to monitor a value of the current sensed by the current sensor [sensor (8)] , and adjust the set point circuit to maintain a current value to keep the relay closed [- comparison of the measured instantaneous current i and a programmed current setpoint is disclosed and the injected current is adjusted based on the comparison; see ¶008; see also figure 2a]
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a set point circuit providing a setpoint and comparing the current values in 055’s apparatus as taught by Vezinet in order to effectively control the charging and discharging of the battery and also to provide power to the load.
As to claim 8. 055’ discloses in figures 1, a battery system comprising: a battery [the 12V battery in Fig. 1] having a second terminal [the battery terminal]; wherein the battery module [battery module with 280V outputs see figure above] includes a third terminal [the electrical terminal] connected to the second terminal, the multi-function relay [On/Off relay is disclosed] is connected to the third terminal, and the external load includes the battery [see ¶002-006].
As to claim 10, 055’ discloses in figures 1-5, the method comprising receiving an enable signal having a state [coil ON and OFF signals]; with the multi-function relay driver providing the relay coil with a first current based on the state of the enable signal [ON signal to the relay coil], the first current to drive the relay coil to a closed state [ON signal]; and providing the DCDC converter with a second current based on the state of the enable signal [when the enable signal turns on the coil the DC-DC converter (150) receives input voltage] , the second current converted to a third current for an external load [the converter (150) converts the input signal and provides current to the load]
As to claim 11, 055’ discloses in figure 1, while the multi-function relay driver providing the DCDC converter [150] with the second current at a first voltage [when the relay (130) is closed current is provided to the DC-DC converter]
055’ does not disclose explicitly, monitoring a current value associate with the second current, comparing the current value with a control value, and changing a setpoint, thereby varying the second current.
Vezinet disclose in figure 1, monitoring a current value associate with the second current, comparing the current value with a control value, and changing a setpoint, thereby varying the second current [[- comparison of the measured instantaneous current i and a programmed current setpoint is disclosed and the injected current is adjusted based on the comparison; see ¶008; see also figure 2a; ¶0008].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a set point circuit providing a setpoint and comparing the current values in 055’s apparatus as taught by Vezinet in order to effectively control the charging and discharging of the battery and also to provide power to the load.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over 055' view of Vezinet, and in view of Kumeuchi et al. (US 2020/0290479), hereinafter Kumeuchi.
As to claim 9, 055' discloses all of the claim limitations except, wherein the battery is a lead-acid battery and the battery module is a lithium-ion battery module.
Kumeuchi discloses in figure 1, wherein the battery is a lead-acid battery [battery 12] and the battery module [battery 11] is a lithium-ion battery module [noted that Kueuchi discloses using both lead-acid battery and lithium-ion battery; see [0018].
It would have been obvious to one of ordinary skill in the art at the time the invention was use combinations of lead-acid battery and Lithium-ion battery in 055's as taught by Kumeuchi in order to have or flexibility outputting high power and low power as needed.
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive.
Applicant's arguments regarding the Double Rejection is not persuasive. The conflicting claims in both applications are not patentably distinct. The examined application, in this case Application No. 18/020,212 is anticipated by the Application No. 18/020,233 or would have been obvious over the cited references. Thus, the nonstatutory double patenting rejection is maintained.
Applicant Also argues that Vezinet does not disclose or cure the deficiency of a regulator that receives a voltage from an electrochemical cell and a setpoint from a set point circuit, and controls an output of the regulator to provide a first current to the relay coil to control the state of the relay and a second current that is converted by a DCDC converter to a third current for an external load, and wherein the regulator provides either the first current or the second current but not both the first current or the second current at the same time based on the setpoint from the set point circuit, wherein the setpoint includes a first setpoint for the first current different from a second setpoint for the second current.
Examiner disagrees and submits that, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Further, Vezinet discloses in figure 1, a set point circuit [Fig. 1, set point unit (5)] providing a setpoint [¶0008 or page 2] control setpoint); and a regulator [Fig.1, element 1] that receives a voltage from the electrochemical and the set point from the set point circuit [Fig. 1, element 5] , and controls an output of the regulator [Fig. 1, and element 1] to provide the first DC and the second DC ]see Fig, 2. ]. a first current and a second current, wherein the regulator provides either the first current or the second current but not both the first current or the second current at the same time based on the setpoint from the set point circuit, and wherein the setpoint includes a first setpoint for the first current different from a second setpoint for the second current [the injected or setpoint current values are different, setpoint IM which may be from 5 to 10 times lower than the inrush current setpoint IA]. Thus, one skilled in the art would have combined the teaching of 056’ and Vezinet in order to provide a stable power supply to the control coil and ensuring a level of reliability at least equivalent if not higher than that observed with current devices.
Conclusion
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 SAMUEL BERHANU whose telephone number is (571)272-8430. The examiner can normally be reached M_F.
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/SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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