DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Claims 1-21 are pending in the present application. Independent claims 1, 19, 20, and 21 are amended to incorporate the limitation “using a boost circuit to discharge the electrical capacity of the remaining cells to a predetermined state of charge level, as at least part of the discharging of the electrical capacity of the remaining cells”, which narrows the scope of the claims.
Regarding the rejection of claims 9 and 14 under 35 U.S.C. 112(b), applicant has amended these claims to clarify the thermal state of the battery, examiner withdraws the rejection of claims 9 and 14 under 35 U.S.C. 112(b).
Regarding the rejections of claims 1-2, 5-6, 10-12, 14-16, and 19-21 under 35 U.S.C. 102(a)(1) as being anticipated by Vance et al (US 9024586 B2). Applicant references the by-pass circuit depicted in Vance FIG 3 asserting “this example of Vance does not disclose discharging electrical capacity of remaining cells other than the cell in the battery pack, thereby reducing available energy in the battery pack, as recited in claim 1.” However, Vance as described in col 2 line 61 “FIG. 2 is a schematic diagram of a battery circuit 30… battery circuit 30 includes a battery cell by-pass circuit 32 in association with each battery cell 34” indicating that the complete battery circuit has multiple cell by-pass circuits 32. FIG 3, as detailed in Vance col 4 line 1 “FIG. 3 is a schematic diagram of a by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches”, is a more detailed drawing of each cell by-pass circuit. Thereby battery circuit 30 would be able to disconnect one battery 34 while the remaining cells discharge.
Applicant further argues that Vance does not disclose discharging electrical capacity of remaining cells other than the cell in the battery pack by referencing Vance FIG 4. FIG 4 depicts a battery pack 60 comprising battery strings 62, each of which comprises battery cells 64. FIG 4 further depicts switches 36 and 38 as well as by-pass line 40 on the top battery string 62. Applying the single battery string of FIG 2 into FIG 4, each battery cell 64 is able to be isolated while the remaining battery cells are discharged.
Regarding the rejection of claim 3 under 35 U.S.C. 103 under Vance modified by Singer et al (US 20190214909 A1), arguing that Singer does not teach using a boost circuit to discharge the electrical capacity of remaining cells to a predetermined state. Singer discharges the batteries based on voltage output, which is not the same as to the remaining state of charge in each cell.
Applicant makes no further arguments regarding secondary references Vo et al (US 20170054306 A1), Sheeks et al (US 20180198294 A1), Li et al (US 20210296718 A1), or Singer et al (US 20190372179 A1).
Applicant's arguments filed 19 December 2025 have been fully considered but they are not persuasive with regards to the Vance reference.
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.
Claim(s) 1-2, 5-6, 10-12, and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance et al (US 9024586 B2) modified by Ono et al (US 20210234380 A1)
Regarding claim 1, Vance teaches a method for managing battery cells in a battery pack circuit for reducing stored energy, comprising: electrically connecting a plurality of battery packs in a circuit in a battery system providing a system output voltage, each of the battery packs including a plurality of battery cells connected in an electrically conductive circuit, (col 2 line 38 "The high voltage battery 12 includes a plurality of battery modules 14, each including a plurality of battery cells electrically coupled in series")
each of the battery packs generating a pack output voltage collectively resulting in the system output voltage; (col 2 line 43 "The total voltage may be in the 350-400 volt range")
in response to detecting when a cell of the plurality of battery cells of a battery pack of the battery packs meets a threshold of a thermal state related to a battery capacity, (col 3 line 31 "determine whether the temperature of those cells 34 exceeds a predetermined maximum temperature threshold indicating a high resistance", please see below for further detail)
discharging electrical capacity of remaining cells other than the cell in the battery pack, thereby reducing available energy in the battery pack; (col 4 line 1 "by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches. Particularly, a first switch 54 is electrically coupled
in series with the plurality of cells 52 and a second switch 56 is provided in a by-pass line 58 around the
plurality of cells 52")
[and using a boost circuit] to discharge the electrical capacity of the remaining cells to a predetermined state of charge level, as at least part of the discharging of the electrical capacity of the remaining cells. (Col 5 Line 9-12 “FIG. 5 is a schematic diagram of a battery pack parallel interface (BPPI) module 70 that can provide state of charge control in each of the strings 62 to control the current flow in each string 62”; please see below for further detail)
The method for managing battery cells as taught by Vance has a battery controller which monitors temperature to determine if a given cell in the battery pack should be by-passed, as described in the paragraph starting at col 5 line 39. Vance goes on to describe "whether the battery pack 60 was in a charge or discharge mode" for each string of battery cells or each individual battery cell. Thereby the battery controller as taught by Vance is capable of having the battery pack in discharge mode, and as discussed above for col 4 line 1 by-pass specific cells which exceed a temperature limit. The paragraph beginning in col 5 line 39 of Vance describes discharging selecting which battery strings 62 to discharge based on their state of charge and determine how long they would discharge for. Controller 42 is described in col line as “ controller 42 can detect a failed, potentially failing and/or low performing cell in any manner suitable for the purposes described herein, many of which are well known to those skilled in the art”, and further describes it to be able to compare any metric to a threshold to discharge, charge, or disconnect any battery cell or battery string.
Vance does not teach and using a boost circuit.
Ono teaches and using a boost circuit to [discharge the electrical capacity of the remaining cells] (¶0029 “the bidirectional DC/DC converters 61 and 62 boost and lower the total voltage of the battery packs 21 and 22 during discharge, and output the voltage to the load 10”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the method for managing battery cells as taught by Vance to include a boost circuit to ensure that voltage drops quickly. Modifying Vance’s controller 42 to include Ono’s boost circuit to quickly discharge failing battery cells. The modification would be obvious because one of ordinary skill in the art would be motivated to discharge cells rapidly to prevent thermal runaway and increase operational safety.
Similarly as applied to claim 19 for a system for managing battery cells in a battery pack circuit for reducing stored energy, which comprises: a computer system comprising; a computer processor, a computer-readable storage medium, and program instructions stored on the computer-readable storage medium being executable by the processor, to cause the computer system to perform a method. (controller 42 detailed in col 3 lines 8-10 and lines 22-36 to perform complex functions which necessitate the controller to be a processor with a memory to store instructions)
Similarly as applied to claim 20 for a computer program product for managing battery cells in a battery pack circuit for reducing stored energy, the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions executable by a computer to cause the computer to perform functions, by the computer. (controller 42 detailed in col 3 lines 8-10 and lines 22-36 to perform complex functions which necessitate the controller to be a processor with a memory to store instructions)
Similarly as applied to claim 21 for an electronic circuit for managing battery cells in a battery pack circuit for reducing stored energy. (col 2 line 38 "The high voltage battery 12 includes a plurality of battery modules 14, each including a plurality of battery cells electrically coupled in series")
Regarding claim 2, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method further comprising: electrically isolating the cell which approached the threshold of the thermal state (Vance col 3 line 31 "determine whether the temperature of those cells 34 exceeds a predetermined maximum temperature threshold indicating a high resistance"; Vance col 4 line 1 "by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches. Particularly, a first switch 54 is electrically coupled in series with the plurality of cells 52 and a second switch 56 is provided in a by-pass line 58 around the plurality of cells 52")
and maintaining the electrically conductive circuit of the remaining cells in the battery pack. (Vance col 3 line 49 "battery circuit 30 includes a by-pass circuit for each battery cell 34")
Regarding claim 5, Vance as modified by Ono teaches the method of claim 2. Vance as modified by Ono teaches a method further comprising: discontinuing electrical continuity of the cell within the plurality of battery cells connected in the electrically conductive circuit. (Vance col 3 line 49 "battery circuit 30 includes a by-pass circuit for each battery cell 34")
Vance teaches a battery controller which monitors temperature to determine if a given cell in the battery pack should be by-passed, as described in the paragraph starting at col 5 line 39. Vance goes on to describe "whether the battery pack 60 was in a charge or discharge mode" for each string of battery cells or each individual battery cell.
Regarding claim 6, Vance as modified by Ono teaches the method of claim 5. Vance as modified by Ono teaches a method wherein the discontinuing of the electrical continuity of the cell includes removing charging and discharging capabilities, respectively, of the cell. (Vance col 3 line 49 "battery circuit 30 includes a by-pass circuit for each battery cell 34")
Vance teaches a battery controller which monitors temperature to determine if a given cell in the battery pack should be by-passed, as described in the paragraph starting at col 5 line 39. Vance goes on to describe "whether the battery pack 60 was in a charge or discharge mode" for each string of battery cells or each individual battery cell.
Regarding claim 10, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method wherein the battery packs are Li-Ion (Lithium Ion) battery packs. (Vance claim 5 "wherein the battery cells are lithium-ion battery cells.")
Regarding claim 11, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method wherein the battery packs are connected in parallel in the battery system. (Vance col 4 line 13 " the battery modules 14 may each include a plurality of series connected cells and the modules 14 may be electrically connected in parallel")
Regarding claim 12, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method wherein the battery cells are connected in a parallel-series configuration. (Vance col 4 line 13 " the battery modules 14 may each include a plurality of series connected cells and the modules 14 may be electrically connected in parallel")
Regarding claim 14, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method further comprising: discharging electrical capacity of the cell of the plurality of the battery cells of the battery pack of the battery packs which meets the threshold of the thermal state related to the battery capacity. (Vance col 4 line 1 "by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches. Particularly, a first switch 54 is electrically coupled in series with the plurality of cells 52 and a second switch 56 is provided in a by-pass line 58 around the plurality of cells 52")
Regarding claim 15, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono teaches a method further comprising: a computer system managing the electrically connecting of the plurality of battery packs in the circuit in the battery system, (Vance col 4 line 1 "by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches. Particularly, a first switch 54 is electrically coupled in series with the plurality of cells 52 and a second switch 56 is provided in a by-pass line 58 around the plurality of cells 52")
and the computer system managing the discharging of the electrical capacity of the remaining cells in response to the detecting when the cell meets the threshold of the thermal state. (Vance col 3 line 31 "determine whether the temperature of those cells 34 exceeds a predetermined maximum temperature threshold indicating a high resistance", please see below for further detail)
Regarding claim 16, Vance as modified by Ono teaches the method of claim 15. Vance as modified by Ono teaches a method further comprising: receiving, at the computer system, data input from the battery system indicating a connection state of the battery packs in the circuit; (Vance col 3 line 23 " controller 42 can detect a failed, potentially failing and/or low performing cell in any manner suitable for the purposes described herein, many of which are well known to those skilled in the art")
receiving, at the computer system, cell data input from each of a plurality of cells of each of the battery packs; (Vance col 3 line 29 " the temperature sensors 44 can be used to measure the temperature of each cell 34, or a plurality of cells, to determine whether the temperature of those cells 34 exceeds a predetermined maximum temperature threshold indicating a high resistance")
and determining, at the computer system, in response to the detecting when the cell meets the threshold of the thermal state, the discharging of the electrical capacity of the remaining cells in the battery pack. (Vance col 4 line 1 "by-pass circuit 50 showing how a plurality of battery cells 52 can all be by-passed by two switches. Particularly, a first switch 54 is electrically coupled in series with the plurality of cells 52 and a second switch 56 is provided in a by-pass line 58 around the plurality of cells 52")
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Singer et al (US 20190214909 A1)
Regarding claim 3, Vance as modified by Ono teaches the method of claim 2. Vance as modified by Ono does not teach a method further comprising: boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system.
Singer teaches a method further comprising: boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system. (¶0036 "method 600, at block 604, includes sensing a regulated output voltage of the boost converter")
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the method for managing battery cells in a battery pack circuit as taught by Vance, to boost a pack output voltage of the remaining cells to an output voltage usable to the battery system as taught
by Singer, for the purpose of minimizing power loss from disconnecting a failed battery cell and maintaining a regulated output voltage.
Regarding claim 4, Vance as modified by Ono and Singer teaches the method of claim 3. Vance as modified by Ono and Singer does not teach a method wherein the usable output voltage is within a range of voltages.
Singer further teaches a method for managing battery cells in a battery pack circuit for reducing stored energy, wherein the usable output voltage is within a range of voltages (¶0036 "method 600, at block 604, includes sensing a regulated output voltage of the boost converter").
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to further modify the method for managing battery cells in a battery pack circuit as taught by Vance as modified by Singer, wherein the usable output voltage is within a range of voltages as taught by Singer, for the purpose of minimizing power loss from disconnecting a failed battery cell and maintaining a
regulated output voltage.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Singer and Sheeks.
Regarding claim 7, Vance as modified by Ono teaches the method of claim 2. Vance as modified by Ono teaches a method further comprising: electrically disconnecting the battery pack from the battery system; (Vance col 3 line 49 "battery circuit 30 includes a by-pass circuit for each battery cell 34")
Vance as modified by Ono does not teach boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system; and reconnecting the battery pack to the battery system.
Singer teaches boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system; (Singer ¶0036 "method 600, at block 604, includes sensing a regulated output voltage of the boost converter")
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the method for managing battery cells in a battery pack circuit as taught by Vance, further comprising: boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system as taught by Singer, for the purpose of minimizing power loss from disconnecting a failed battery cell and maintaining a regulated output voltage
Vance as modified by Ono and Singer does not teach and reconnecting the battery pack to the battery system.
Sheeks teaches and reconnecting the battery pack to the battery system. (¶0133 "the processor of the battery pack may reconnect the isolated string or strings of battery cells such that the previously-isolated strings of battery cells are able to discharge through the external resistor bank attachment").
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to further modify the method for managing battery cells in a battery pack as taught by Vance as modified by Ono and Singer, to reconnect the battery pack to the battery system as taught by Sheeks, for the purpose of increasing available capacity and extend operational time of the battery system
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Vo et al (US 20170054306 A1)
Regarding claim 8, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono does not teach a method wherein the thermal state of the cell is a thermal runaway state of the cell.
Vo teaches a method wherein the thermal state of the cell is a thermal runaway state of the cell. (¶0264 "Power Switches in the event of a failed cell, further fault isolation may be desired in certain applications (e.g. applications that have intrinsically-safe fail-safe specifications such as military and medical, or applications with cell chemistries that are likely to experience thermal runaway)").
Vance col 3 line 23 states "controller 42 can detect a failed, potentially failing and/or low performing cell.. temperature sensors 44 can be used to measure the temperature of each cell 34, or a
plurality of cells, to determine whether the temperature of those cells 34 exceeds a predetermined
maximum temperature threshold indicating a high resistance". Controller 42 thereby is capable of
detecting a failed or failing cell based on temperature exceeding a threshold, which would lower reduce
the stored energy available. It would be obvious to one of ordinary skill in the art, at the time of the
effective filing date, to modify the method for managing battery cells in a battery pack circuit as taught
by Vance wherein the thermal state of the cell is a thermal runaway state of the cell, as taught by Vo, for
the purpose of operational safety and fire prevention.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Li et al (US 20210296718 A1)
Regarding claim 9, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono does not teach a method wherein the reduction of the available energy in the battery pack reduces the likelihood of a thermal runaway state of the cell initiating a thermal runaway state in the remaining cells of the battery pack.
Li teaches a method wherein the reduction of the available energy in the battery pack reduces the likelihood of a thermal runaway state of the cell initiating a thermal runaway state in the remaining cells of the battery pack. (¶0081 "a device 34 for preventing battery thermal runaway, wherein the device 34 for preventing battery thermal runaway includes... wherein each of the switches 220 cuts off the connection of a battery cell").
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the method for managing battery cells in a battery pack circuit as taught by Vance as modified by Ono, wherein the reduction of the available energy in the battery pack reduces the likelihood of the thermal runaway state of the cell initiating a thermal runaway state in the remaining cells of the battery pack as taught by Li, for the purpose of increasing safe operation of the battery system and mitigating fire-hazards.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Sheeks et al (US 20180198294 A1)
Regarding claim 13, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono does not teach a method further comprising: electrically connecting the remaining cells using a multiplexer.
Sheeks teaches a method further comprising: electrically connecting the remaining cells using a multiplexer. (¶0133 "the processor of the battery pack may reconnect the isolated string or strings of battery cells such that the previously-isolated strings of battery cells are able to discharge through the external resistor bank attachment")
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to further modify the method as taught by Vance modified by Ono to use a multiplexor to connect the remaining cells, as taught by Sheeks, for the purpose of minimizing the hardware costs and number of communication lines. The modification would be obvious because one of ordinary skill in the art would be motivated to use a multiplexor to reduce the number of communication lines to minimize signal noise and more precisely remove battery cells with a detected fault.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Ono and further in view of Singer et al (US 20190372179 A1), hereafter referred to as Singer 2.
Regarding claim 17, Vance as modified by Ono teaches the method of claim 1. Vance as modified by Ono does not teach a method further comprising: generating a digital model, using a computer, the digital model simulating the functions of; the connecting of the plurality of battery pack in the circuit in the battery system; and the discharging of the electrical capacity of remaining cells in the battery pack in response to the detecting when the cell meets the threshold of the thermal state.
Singer 2 teaches a method further comprising: generating a digital model, using a computer, the digital model simulating the functions of: the connecting of the plurality of battery pack in the circuit in the battery system; (¶0050 "discharge charge cycling, logic determines whether the battery pack is still connected to a charge power source, or charger 660")
and the discharging of the electrical capacity of remaining cells in the battery pack in response to the detecting when the cell meets the threshold of the thermal state. (¶0038 "Once one of the monitored cells is at or below the low temperature threshold, then discharging of the battery pack cells to the load is initiated at a specified, allowable discharge rate 230").
Singer 2 does not explicitly disclose connecting the remaining cells in the battery pack, instead
Singer 2 ¶0050 indirectly indicates that the 'logic determines whether the battery pack is connected. This functions as detecting and controlling when a battery pack is connected. Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the method as taught by Vance modified by Ono to use a computer model to detect the electrical capacity and thermal state of the remaining cells in the battery pack as taught by Singer 2. The modification would be obvious because one of ordinary skill in the art would be motivated to predict when a cell is nearing thermal runaway to increase operational safety.
Regarding claim 18, Vance as modified by Ono and Singer 2 teaches the method of claim 17. Vance as modified by Ono and Singer 2 does not teach a method further comprising: iteratively generating the digital model to produce updated models.
Singer 2 further teaches a method further comprising: iteratively generating the digital model to produce updated models. (¶0029 "managing method may include monitoring temperature of one or more cells within a battery pack, and based on temperature of a cell of the one or more cells").
It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the method for managing battery cells in a battery pack circuit for reducing stored energy as taught by Vance, further comprising: iteratively generating the digital model to produce updated models as taught by Singer 2, for the purpose of allowing the model to continuously update to current conditions regarding battery parameters.
Prior Art Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited by Examiner attached to this correspondence.
Johnson et al (US 20050258801 A1) teaches a method and system for battery protection that monitors the thermal state and state of charge to disconnect and connect individual battery cells.
Bandhauer et al (US 20130312947 A1) teaches a li-ion battery thermal runaway suppression system.
Conclusion
THIS ACTION IS MADE FINAL. 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 LISA M KOTOWSKI whose telephone number is (571)270-3771. The examiner can normally be reached Monday-Friday 8a-5p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached at (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LISA KOTOWSKI/Examiner, Art Unit 2859
/TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859