DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/18/2026has been entered.
Response to Arguments
Applicant has amended independent claim(s) 1 and 19-21.
Applicant argues the prior art of record, Vance et al (US A1) modified by Ono et al (US A1), does not teach the amended portions of the independent claims. In particular applicant argues “Vance does not teach using a discharge procedure when implementing the discharging of the electrical capacity of the remaining cells, and monitoring as part of a discharge procedure a thermal temperature of the remaining cells”. Vance col 3 lines 14-19 recite “During normal operation, the switch 36 is closed and the switch 38 is open so that current travels through the cell 34. If a cell failure mode, or a potential cell failure mode, is detected for a particular cell 34 in the circuit 30, the controller 42 will open the switch 36 and close the switch 38 allowing current to travel through the by-pass line 40 and around the cell 34”. This establishes controller 42 as continuously monitoring the cells 34 during normal operation, wherein normal operation is a discharging mode. If a failure condition, such as exceeding a temperature threshold, is detected then that cell will be removed and the normal operation will continue.
Applicant further argues “Figure 3 of Vance does not disclose a discharge circuit as recited in claim 1, but merely a bypass circuit whose operation may incidentally result in continued-load driven discharge of remaining cells”, further emphasizing “Vance does not disclose or suggest intentionally discharging remaining cells for the purpose of reducing stored energy to a predetermined state of charge”. Vance discloses a bypass circuit which under normal operation discharges a series of batteries and, similar to the present application, removes a battery cell when it exceeds a thermal threshold. The bypass circuit acts and functions as a discharging circuit. Vance 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, functioning as controller 42 and controlling each of the battery packs, battery modules, and battery cells and having the capability of performing state of charge control. However, Vance does not explicitly disclose discharging remaining cells for the purpose of reducing stored energy to a predetermined state of charge.
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 04/29/2026 have been fully considered.
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) 1-3, 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 Johnson et al (US 20050258801 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")
using a discharge procedure when implementing the discharging of the electrical capacity of the remaining cells other than the cell in the battery pack; (col 3 line 49 "battery circuit 30 includes a by-pass circuit for each battery cell 34", controller 42 only bypasses the failing cell and the remaining cells continue to discharge)
[using a boost circuit,] as part of the discharge procedure, 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)
and monitoring, as part of the discharge procedure, a thermal temperature of the remaining cells; (col 3 lines 12-13 “controller 42 receives temperature signals from temperature sensors 44 in the circuit 30”)
and in response to the thermal temperature of the remaining cells reaching a threshold, controlling the boost circuit, as part of the discharge procedure, to adjust an energy dissipation rate of the remaining cells based on the monitored thermal temperature. (col 3 line 31 "determine whether the temperature of those cells 34 exceeds a predetermined maximum temperature threshold indicating a high resistance"; 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")
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 and 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 controller 42 is capable of having the battery pack in discharge mode, and is further capable of by-passing specific cells which exceed a temperature limit. 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 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, functioning as controller 42 and controlling each of the battery packs, battery modules, and battery cells. Vance does not explicitly disclose discharging until a predetermined state of charge; however,
Vance does not teach using a boost circuit, [as part of the discharge procedure, to discharge the electrical capacity of the remaining cells] to a predetermined state of charge level.
Johnson teaches using a boost circuit, (¶0102 “circuit 130 can include a boosting circuit 171”)
[as part of the discharge procedure, to discharge the electrical capacity of the remaining cells] to a predetermined state of charge level. (¶0104 “boosting circuit 171a may only supply power to the remainder of the circuit 130 (such as, for example, the microprocessor 140) when the combined present state of charge of the battery cells 80 drops below a threshold”)
Therefore 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 in a battery pack circuit as taught by Vance to use a boost circuit, [as part of the discharge procedure, to discharge the electrical capacity of the remaining cells] to a predetermined state of charge level as taught by Johnson. Vance and Johnson both disclose a battery protection method and device for discharging batteries which prevents battery damage by bypassing cells which exceed a temperature threshold. Vance has a dedicated protection circuit for each battery cell within a battery string, whereas Johnson uses a protection circuit for a battery string. It would be an obvious next step to apply Johnson’s protection circuit 130 as Vance’s battery cell protection circuit. 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. (Vance 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. (Vance 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. (Vance 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson further teaches 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 3, Vance modified by Johnson teaches the method of claim 2. Vance modified by Johnson does not teach further comprising: boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system.
Johnson further teaches further comprising: boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system. (¶0102 “boosting circuit 171 can "boost" a lower input voltage into a higher output voltage”)
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 modified by Johnson, to boost a pack output voltage of the remaining cells to an output voltage usable to the battery system as taught by Johnson, for the purpose of minimizing power loss from disconnecting a failed battery cell and maintaining a regulated output voltage.
Regarding claim 5, Vance modified by Johnson teaches the method of claim 2. Vance modified by Johnson further teaches 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 modified by Johnson teaches the method of claim 5. Vance modified by Johnson 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson 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 modified by Johnson teaches the method of claim 1. Vance modified by Johnson further teaches 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")
Regarding claim 16, Vance modified by Johnson teaches the method of claim 1. Vance modified by Johnson further teaches 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance modified by Johnson and further in view of Singer et al (US 20190214909 A1)
Regarding claim 4, Vance as modified by Johnson teaches the method of claim 3. Vance as modified by Johnson does not teach wherein the usable output voltage is within a range of voltages.
Singer teaches 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 Johnson, 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 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Johnson and further in view of Sheeks et al (US 20180198294 A1)
Regarding claim 7, Vance modified by Johnson teaches the method of claim 2. Vance modified by Johnson further teaches 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")
boosting a pack output voltage of the remaining cells to an output voltage usable to the battery system; (Johnson ¶0102 “boosting circuit 171 can "boost" a lower input voltage into a higher output voltage”)
[and reconnecting the battery pack to the battery system.]
Vance modified by Johnson does not teach and reconnecting the battery pack to the battery system.
Vance modified by Johson 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 Johnson, 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.
Regarding claim 13, Vance modified by Johnson teaches the method of claim 1. Vance modified by Johnson does not teach further comprising: electrically connecting the remaining cells using a multiplexer.
Vance modified by Johnson further comprising: electrically connecting the remaining cells using a multiplexer.
Sheeks teaches 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")
Therefore 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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance modified by Johnson and further in view of Li et al (US 20210296718 A1)
Regarding claim 8, Vance modified by Johnson teaches the method of claim 1. Vance modified by Johnson does not teach wherein the thermal state of the cell is a thermal runaway state of the cell.
Li teaches wherein the thermal state of the cell is a thermal runaway state of the cell. (¶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").
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 modified by Johnson wherein the thermal state of the cell is a thermal runaway state of the cell, as taught by Li, for the purpose of operational safety and fire prevention.
Regarding claim 9, Vance modified by Johnson teaches the method of claim 1. Vance modified by Johnson does not teach 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 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 Johnson, 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) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vance as modified by Johnson and further in view of Singer et al (US 20190372179 A1).
Regarding claim 17, Vance modified by Johnson teaches the method of claim 1. Vance modified by Johnson does not teach 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 teaches 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 does not explicitly disclose connecting the remaining cells in the battery pack, instead Singer ¶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. Therefore 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 Johnson 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. 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 modified by Johnson and Singer teaches the method of claim 17. Vance modified by Johnson and Singer does not teach further comprising: iteratively generating the digital model to produce updated models.
Singer 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 modified by Johnson, further comprising: iteratively generating the digital model to produce updated models as taught by Singer, for the purpose of allowing the model to continuously update to current conditions regarding battery parameters.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: There is no antecedent basis for “energy dissipation rate”, as claimed in claims 1, 19, and 20, in the Specification. See [0046] which discusses a discharge rate.
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.
Wang et al (US 20140147705 A1) discloses a protection circuit module electrically connected with the plurality of battery cells which uses a temperature sensor to bypass cells which exceed a temperature threshold.
Li et al (US 20240120569 A1), Li has a priority date of 09/29/2022, discloses a battery thermal management control method which controls discharging based on battery cell exceeding a temperature threshold.
Conclusion
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at (571) 2722147. 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
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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