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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 11/24/2024 have been considered by the examiner (see attached PTO-1449 forms).
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,592,489 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because a later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Wiley et al. [US Patent Number 6,031,354; hereinafter “Wiley”].
Regarding claim 1, Wiley teaches an energy management system, comprising:
one or more local units associated with energy storage devices configured to store and discharge electric energy for powering one or more loads (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27), the one or more local units configured to (multiplexers - C17L9-17) compare values of one or more operating parameters of the energy storage devices with at least a first setpoint value (calculated parameter exceeds red set point – C10L35-41) and to generate an output signal representative of a comparison of the one or more operating parameters with the at least the first setpoint value (alarm – a visual and/or audible indication - C6L20-30); and
a monitoring unit operably coupled with the one or more local units (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27), the monitoring unit configured to receive the comparison of the one or more operating parameters with the first setpoint value from the one or more local units, the comparison representing a number of the energy storage devices having the values of the one or more operating parameters that are outside of a designated range associated with the at least the first setpoint value (monitored parameters of an individual cell exceeding (or falling below) a predetermined set point, may have two set point values - C6L20-30),
the monitoring unit configured to generate and output a time-varying, repeating signal (figure 7 - C19L25-43) that is based on the comparison of the one or more operating parameters with the first setpoint value and that has one or more characteristics indicative of the number of the energy storage devices having the values of the one or more operating parameters that are outside of the designated range (calculated parameter exceeds red set point – C10L35-41) (C11L10-32).
Regarding claim 2, Wiley teaches the one or more local units include a first local unit configured to compare voltages of the energy storage devices with one or more of an upper voltage threshold or a lower voltage threshold as the at least the first setpoint value (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 3, Wiley teaches the monitoring unit is configured to load balance one or more of the energy storage devices by charging or discharging the one or more of the energy storage devices (C21L13-20) based on the time-varying, repeating signal value (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 4, Wiley teaches the one or more local units include a first local unit configured to compare temperatures of the energy storage devices with one or more of an upper temperature threshold or a lower temperature threshold as the at least the first setpoint value (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 5, Wiley teaches the monitoring unit is configured to change the temperatures of one or more of the energy storage devices based on the time-varying, repeating signal (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 6, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include an amplitude of the time-varying, repeating signal (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 7, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include a frequency of the time-varying, repeating signal (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 8, Wiley teaches the monitoring unit includes an oscillator circuit configured to generate and output the time-varying, repeating signal as an oscillating signal (figure 7, various capacitors are shown - C19L25-43).
Regarding claim 9, Wiley teaches an energy management system, comprising:
one or more local units associated with battery cells configured to store and discharge voltage (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27), the one or more local units multiplexers - C17L9-17) configured to compare one or more operating parameters of the battery cells with a designated range associated with a setpoint value (calculated parameter exceeds red set point – C10L35-41) and to generate an output signal representative of a number of the one or more operating parameters that are outside of the designated range (alarm – a visual and/or audible indication - C6L20-30); and
a monitoring unit configured to receive a comparison between the one or more operating parameters with the designated range from the one or more local units (monitored parameters of an individual cell exceeding (or falling below) a predetermined set point, may have two set point values - C6L20-30), the monitoring unit configured to generate and output a time-varying, repeating signal (figure 7, various capacitors are shown - C19L25-43) having one or more characteristics that are based on the number of the battery cells having the one or more operating parameters that are outside of the designated range (calculated parameter exceeds red set point – C10L35-41) (C11L10-32).
Regarding claim 10, Wiley teaches the one or more local units are configured to compare voltages of the battery cells with the designated range (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 11, Wiley teaches the monitoring unit is configured to change a state of charge of one or more of the battery cells based on the one or more characteristics of the time-varying, repeating signal (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 12, Wiley teaches the one or more local units are configured to compare temperatures of the battery cells with the designated range (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 13, Wiley teaches the monitoring unit is configured to change the temperatures of one or more of the battery cells based on the one or more characteristics of the time-varying, repeating signal (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 14, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include an amplitude of the time-varying, repeating signal (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 15, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include a frequency of the time-varying, repeating signal (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 16, Wiley teaches the monitoring unit includes an oscillator circuit (figure 7 - C19L25-43)configured to generate and output the time-varying, repeating signal as an oscillating signal (C10L1-5) (C17L1-7) (C19L7-24) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 17, Wiley teaches an energy management system, comprising:
one or more local units associated with battery cells, the one or more local units configured to (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27) compare one or more operating parameters of the battery cells with a designated range associated with a setpoint value (calculated parameter exceeds red set point – C10L35-41) and to generate an output signal representative of a number of the one or more operating parameters that are outside of the designated range (alarm – a visual and/or audible indication - C6L20-30); and
a monitoring unit configured (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27) to receive a comparison of the one or more operating parameters with the designated range from the one or more local units (monitored parameters of an individual cell exceeding (or falling below) a predetermined set point, may have two set point values - C6L20-30), the monitoring unit configured to generate and output a time-varying, repeating signal (figure 7 - C19L25-43) having one or more characteristics that are based on the number of the battery cells having the one or more operating parameters that are outside of the designated range (calculated parameter exceeds red set point – C10L35-41) (C11L10-32),
the monitoring unit configured to test the one or more local units for failure by changing the setpoint value and monitoring for changes in the output signal from the one or more local units (test - C25L50-56) (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 18, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include an amplitude of the time-varying, repeating signal (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 19, Wiley teaches the monitoring unit is configured to generate and output the time-varying, repeating signal with the one or more characteristics that include a frequency of the time-varying, repeating signal (figure 12J, C25L35-44) (figure 3, C16L3-23) (figure 4 controller unit and multiplexer/load unit of the battery monitoring system – C16L24-27).
Regarding claim 20, Wiley teaches the monitoring unit includes an oscillator circuit configured to (figure 7 - C19L25-43) generate and output the time-varying, repeating signal as an oscillating signal (calculated parameter exceeds red set point – C10L35-41) (C11L10-32).
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ghotra et al. (US Patent Number 10,181,724 B2) discloses a power conversion system for transitioning between different control modes in a first control mode where a first setpoint for operating the inverter and a second control mode where a second setpoint used for operating the inverter;
Sengupta et al. (US Patent Number 5,838,141) discloses a method for generating a continuously variable reference signal for controlling battery cell charging.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICKY GO/Primary Examiner, Art Unit 2857