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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/05/2007 is acknowledged by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “multi-function relay driver” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3-6 and 8-10 are objected to because of the following informalities:
Appropriate correction is required.
Claim 3 recites “ the driver” in line 3. There is insufficient antecedent basis for this imitation in the claim. For examination purpose the limitation is considered as the same as in claim 1 line 6 "multi-functional relay driver” . Appropriate correction is required.
Claim 4 recites “ a setpoint” in line 1. There is insufficient antecedent basis for this imitation in the claim. For examination purpose the limitation is considered as the same as in claim 3 line 3 "the set point” . Appropriate correction is required.
Claim 6 recites “ relay driver” in line 2. There is insufficient antecedent basis for this imitation in the claim. For examination purpose the limitation is considered as the same as in claim 1 line 6 "multi-functional relay driver” . Appropriate correction is required.
Claim 8 recites “ multi-function relay ” in line 5. There is insufficient antecedent basis for this imitation in the claim. For examination purpose the limitation is considered as the same as in claim 1 line 6 "multi-functional relay driver” . Appropriate correction is required
Claim 10 recites “ an external load ” in line 7. There is insufficient antecedent basis for this imitation in the claim. For examination purpose the limitation is considered as the same as in claim 1 line 7 "the external load” . Appropriate correction is required.
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 1-3, 5-8 and 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 drive to provide a first current to the relay coil to control the state of the relay, and the drive to further provide a second current; and 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.
1. 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 relay driver and control 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) 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.
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].
App#18/020,212 App# 18/020,233 *hereinafter 233’)
3. The battery module of claim 1, wherein the multi-function relay driver comprises: 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 to provide the first current and the second current.
5. (Original) The battery module of claim 3, wherein the regulator is a synchronous step- down DC-DC converter.
6. The battery module claim 3, further comprising a controller coupled to the relay driver and control, wherein the relay driver and control includes a current sensor, and wherein the controller is configured to monitor a value of the current sensed by the current sensor, and adjust the set point circuit to control a current associated with the DCDC converter.
The battery module of claim 1, wherein the relay driver and control comprises: 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.
4. (Original) The battery module of claim 3, wherein the regulator is a synchronous step- down DC-DC converter.
6. The battery module of claim 5, wherein the relay driver and control includes a current sensor, and wherein the controller is further configured to monitor a value of the current sensed by the current sensor, and adjust the set point circuit to maintain a current value to keep the relay closed.
As to claim 7, 055’ discloses in figures 1-5, wherein the drive provides either the first current or the second current but not both currents at the same time [the drive/the controller provides only On or Off current signal].
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].
Claims 4 and 11 are 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 4, neither 233’ nor 055’ discloses, wherein a setpoint for the first current is different from a setpoint for the second current.
Vezinet discloses in figure 1, wherein a setpoint for the first current is different from a 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]
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 different current setpoints in 233’s apparatus , as taught by Vezinet in order to provide a stable power supply to the control coil and ensuring a level of reliability.
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 § 102
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 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.
Claims 1-2, 7-8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR20170021055. Hereinafter 055’ (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 drive 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]
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 7, 055’ discloses in figures 1-5, wherein the drive provides either the first current or the second current but not both currents at the same time [the drive/the controller provides only On or Off current signal].
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 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 3-4, 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over 055’ in view of Vezinet (FR2803956A1, Machine Translation)
As to claim 3, 055’ discloses all of the claim limitations except, 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 to provide the first current and 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. ].
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 4, Vezinet discloses in figure 1, wherein a setpoint for the first current is different from a 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]
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 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over 055’ and Vezinet (FR2803956A1) in further view of Fukushima et al. (US 2019/0238129), hereinafter Fukushima.
As to claim 5, 055’ discloses all of the claim limitations except, wherein the regulator is a synchronous step-down DC-DC converter
Fukushima discloses in figure 9, the regulator is a synchronous step-down DC-DC converter [see figure 9, and also ¶0124]
It would have been obvious to one of ordinary skill in the art at the time the invention was made to add in 055’s apparatus configure the regulator as a synchronous step-down DC-DC converter as taught by Fukushima in order to provide a power control circuit with a simple circuit structure that can realize the control of high voltage with low voltage.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over 055’ 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.
Conclusion
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