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 .
Claim Interpretation
It is noted that the recitation in the preamble “for at least one rechargeable battery pack for using a charger device…” is interpreted as merely providing a field of use of the invention and is non-limiting.
The recitations in the body of the claim “for possibly using the charger device” in step b) and “for using the charger device” under step c) are considered intended use recitations.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract ideas (mathematical concepts and mental processes) without significantly more.
It is important to note that prior to conducting a 101 analysis, the BRI of the claims must be interpreted. MPEP 2106 (II). Under the BRI, as discussed above under the Claim Interpretation heading, the recitations regarding “for using the charger device” and other similar “for” recitations are interpreted under BRI as intended use recitations.
Step 1
Each of claims 1-19 falls within one of the four statutory categories. See MPEP 2106.03. Claims 1-17 fall within the category of process. Claims 18-19 fall within the category of machine.
Step 2A Prong 1
The exemplary claims recite an abstract idea in the form of groupings of mathematical relationships, formulas, and/or calculations
Claim 1 recites a method that includes ascertaining battery variables, ascertaining possible use durations of a rechargeable battery pack, and determining at least one use parameter by linking the battery variables and possible use durations while taking into account a use limit of a charger device. When considered as a whole, these steps describe determining a charging-use parameter for a battery pack based on relationships between battery operating variables and possible usage durations. This determination implies applying mathematical relationships or calculations to derive the use parameter from the collected data. Accordingly, the claim recites a mathematical concept, specifically mathematical relationships or calculations used to determine a parameter, which is one of the abstract idea groupings identified in the 2019 Revised Patent Subject Matter Guidance (84 Fed. Reg. 52).
Claims 2-17 depend from claim 1 and therefore include the abstract idea identified in claim 1.
Independent Claim 18 recites substantially the same concept as claim 1, including “an ascertaining device” and a “determining device” configured to determine a use parameter by linking battery state variables and possible use time durations while taking into account a charger device limit. This determination involves relationships between battery variables and usage durations used to calculate a parameter and therefore recites a mathematical concept, which is a type of abstract idea.
Claim 19 depends from claim 18 and therefore includes the abstract idea identified in claim 18.
Step 2A Prong 2
Regarding Claim 1, under the BRI, as discussed above, the phrase “for using the charger device to charge” expresses the intended purpose of the determined parameter and does not actually require operating the charger device or charging the battery pack. Thus, the claim only requires determining the parameter while considering variables associated with the charger device. Because the claim does not require applying the determined parameter to control or operate the charger device or otherwise modify the charging process, the recited charger device and battery pack merely provide the technological context for the mathematical determination and do not integrate the abstract idea into a practical application.
Claims 2-17 have been reviewed under Step 2A, Prong 2 and do not add additional elements to evaluate under Prong 2.
Claim 18 recites limitations that specify inputs, parameters, or conditions used in the mathematical determination and therefore form part of the abstract idea itself or merely refine the mathematical relationships used to determine the parameter. Accordingly, this claim recites the same abstract idea and does not include additional elements that integrate the abstract idea into a practical application.
Claim 19 recites additional elements including one or more of a rechargeable battery pack, a charger device, a mobile device, or a means of transport. However, these elements do not integrate the abstract idea into a practical application. In particular, the claim merely determines parameters associated with one of these elements and does not require charging of a battery pack by the charger device to actually occur based on the parameters. As a result, the additional elements do not apply the abstract idea in a manner that improves the operation of a charger device, battery technology, or any other technological system. Instead, the elements merely identify components about which information may be obtained or considered when determining charging parameters. Accordingly, these additional elements do not integrate the judicial exception into a practical application.
Step 2B
Claims 1-19 do not include additional elements when considered individually and/or as an ordered combination that are sufficient to amount to significantly more than the abstract idea. The battery packs, charger device, mobile device, means of transport/vehicle, solar cell, fuel cell, wireless communication, and related components are well-understood, routine, and conventional in the field of battery charging. For example, Chow et al. US 20200381923 describes fig 3 battery modules 390a-c (battery packs), converter 322 (charger device), fig 5 smart device 510 (mobile device), figs 1-5 vehicle 105 (means of transport), ¶45 discloses photovoltaic panels (solar cells), figs 1-3 network 130 and figs 1-2 communication module 120 (wireless communication), and fig 2 battery management controller 184, figs 1-3 server 125, fig 3 microprocessors 340, wireless transceivers 350 are other related components. Chow et al. is evidence that such components were well-understood, routine, and conventional.
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, 4-10, 12-15, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chow et al. US 20200381923.
With regards to claim 1 Chow discloses, a method for determining at least one use parameter [fig 7] for at least one rechargeable battery pack [fig 3 battery modules 390a-c] for using a charger device that charges user-exchangeable rechargeable battery packs for driving at least one mobile device [fig 3 vehicle battery system 100 and fig 5 smart device 510], wherein a means of transport [fig 3 vehicle 105] comprises the charger device [fig 3 converter 322 and ¶42 “the converter 322 may also convert voltages flowing back into the battery 190 (e.g., from regenerative braking), such that an available voltage flowing from vehicle systems is converted into a demand voltage suitable for recharging the battery modules 390”], the method comprising the steps of:
(a) ascertaining state and rated variables of the rechargeable battery packs relating to a possible charging of the rechargeable battery packs via the charger device[fig 7 and ¶43 “The removable vehicle battery system 100 further comprises a battery management controller (BMC) 184. The BMC 184 regulates the charging and discharging of the battery 190. The BMC 184 may read voltages from the battery 190 or battery modules 390. The BMC 184 may also read data from sensors including but not limited to a temperature sensor 230, battery load sensor or (e.g., voltmeter or ammeter) 280”];
(b) ascertaining possible use time durations of the rechargeable battery packs for possibly using the charger device relating to a possible charging of the rechargeable battery packs via the charger device [¶73 “In step 796, the BMC 184 is available, and communicates with all available battery modules 390 and/or converters 322, in order to track their usage as assets of the removable vehicle battery system 100. Such asset tracking may include, but is not limited to, locations, tool assignments, remaining energy (e.g., in kWh), operating temperature, signal strength, output voltage, and output current of each of the battery modules 390 and converters 322. In some embodiments, asset tracking may further include tracking of the same or similar parameters for smart devices 510, 520, or 530, or other smart devices including but not limited to other vehicles” where remaining energy in kWh reasonably reads on “use time durations”]; and
(c) determining the at least one use parameter for at least one of the rechargeable battery packs for using the charger device to charge the at least one rechargeable battery pack via the charger device by linking the ascertained state and rated variables and the ascertained possible use time durations taking into account at least one use limit of the charger device [¶8 “The system where the information regarding the store of energy includes one or more of a quantity of energy, a maximum available current, a maximum available power, or a range of available voltages. The system where the information regarding the usable format includes a at least one of a voltage requirement, a current requirement, or a power requirement”].
With regards to claim 2 Chow discloses, the method according to claim 1, wherein at least one rated variable comprises and/or corresponds to: a maximum charging and/or drive current, and/or a maximum electrical charging and/or drive power, and/or a maximum electrical energy content [¶8 above],
and/or a maximum charging and/or drive temperature, and/or a minimum charging and/or drive temperature [¶43 “The BMC 184 may read voltages from the battery 190 or battery modules 390. The BMC 184 may also read data from sensors including but not limited to a temperature sensor 230, battery load sensor or (e.g., voltmeter or ammeter) 280”].
With regards to claim 4 Chow discloses, the method according to claim 1, wherein the rechargeable battery packs are for driving mobile devices, and/or wherein the at least one mobile device is ground- and/or hand-guided and/or is a garden, forestry, construction and/or groundwork device comprising one of: a saw, a pole-mounted pruner, a hedge trimmer, a hedge cutter, a wood cutter, a lopper, an angle grinder, a blower, a leafblower, a suction device, a leaf vacuum, a cleaning device, a high-pressure cleaner, a sweeper, a sweeping roller, a sweeping brush, a lawnmower, a grass trimmer, a brushcutter, or a scarifier [fig 5 smart device 510 is a hand-guided saw and ¶50 “capable of powering smart power tools 510 and smart home appliances 520”].
With regards to claim 5 Chow discloses, the method according to claim 1, wherein the means of transport is a vehicle, a land vehicle, a road vehicle, a motor vehicle, an automobile, a two-wheeler vehicle, or a trailer [fig 3 vehicle 105].
With regards to claim 6 Chow discloses, the method according to claim 1, wherein the at least one use limit of the charger device comprises and/or corresponds to: a variable maximum total charging current and/or a variable maximum electrical total charging power for charging the at least one rechargeable battery pack [¶8 “The system where the information regarding the usable format includes a at least one of a voltage requirement, a current requirement, or a power requirement”],
and/or a variable maximum cooling power for cooling the at least one rechargeable battery pack and/or a variable maximum heating power for heating the at least one rechargeable battery pack [¶39 “monitoring and management of battery temperature may also be a function of the BMC 184, which may be capable of activating battery heating or cooling systems when battery temperature and other conditions make this advisable” which reasonably read son the max powers for cooling and heating as the system is disclosed as managing the heating/cooling functions which would include maximum powers for both],
and/or a maximum number of power output interfaces [fig 3 reasonably discloses the power output interfaces, where plural batteries are connected to be charged].
With regards to claim 7 Chow discloses, the method according to claim 1, wherein the power output interfaces are rechargeable battery pack receptacles and/or rechargeable battery pack shafts [fig 3 as disclosed above].
With regards to claim 8 Chow discloses, the method according to claim 1, wherein the means of transport comprises one or more of: a radiation energy conversion device, a fuel cell, or an energy store, for supplying the charger device with electrical power [¶45 “one or more aspects of the vehicle may continue to operate by means of secondary batteries, controllers, or converters, or through power provided by an internal combustion engine or other power source (e.g., photovoltaic panels)”].
With regards to claim 9 Chow discloses, the method according to claim 1, wherein the radiation energy conversion device is a solar cell, and/or the energy store is a battery [¶45 above includes photovoltaic panels and other secondary batteries].
With regards to claim 10 Chow discloses, the method according to claim 2, wherein the at least one state variable comprises and/or corresponds to: a state of charge [¶59 “the text-based interface 605 includes status windows 610 that report the current status of components such as battery modules 390, converter 322, and BMC 184”¶75 “devices receive information about the current availability, charge state, capacity, and capabilities of the removable vehicle power system and its components”,
and/or a temperature [¶39 “monitoring and management of battery temperature may also be a function of the BMC 184, which may be capable of activating battery heating or cooling systems when battery temperature and other conditions make this advisable” and fig 2 temperature sensor 230].
With regards to claim 12 Chow discloses, the method according to claim 1, wherein step c) comprises: determining the at least one use parameter on the basis of an optimization criterion, wherein the optimization criterion is a largest charging energy amount of the at least one rechargeable battery pack [¶52 “the battery module 390, converter 322, or BMC 184 are able to communicate information to the smart tool 510, smart appliance 520, smart building 530, or other smart device, such information including but not limited to available stored energy (e.g., in amp-hours), available output voltages and connector types, maximum available current draw, overtemperature warnings, low charge warnings, and estimated time remaining to charge depletion at present power draw levels”].
With regards to claim 13 Chow discloses, the method according to claim 5, wherein the at least one use parameter comprises and/or corresponds to one or more of: at least one cooling power for cooling and/or at least one heating power for heating the at least one rechargeable battery pack [¶39 “the battery 190 or battery management controller (BMC) 184 or battery management system (BMS) 184 may include thermal management systems including but not limited to fans, radiators, liquid coolant systems, pumps, heaters, and thermoelectric heating/cooling junctions, and temperature sensors on the battery 190 or on terminals or cables connected to the battery. In such cases, monitoring and management of battery temperature may also be a function of the BMC 184, which may be capable of activating battery heating or cooling systems when battery temperature and other conditions make this advisable” which discloses cooling and heating powers being required to control the temperature of the system], or
at least one charging current and/or at least one electrical charging power for charging the at least one rechargeable battery pack [¶8 “The system where the information regarding the store of energy includes one or more of a quantity of energy, a maximum available current, a maximum available power, or a range of available voltages. The system where the information regarding the usable format includes a at least one of a voltage requirement, a current requirement, or a power requirement”].
With regards to claim 14 Chow discloses, the method according to claim 1, the method further comprising the step of: d) outputting user-perceivable information about the at least one determined use parameter for using the charger device [fig 6 discloses state of charge information and current and power output capability information being displayed to a user].
With regards to claim 15 Chow discloses, the method according to claim 1, wherein step a) comprises: wirelessly transmitting the at least one state variable from at least one of the rechargeable battery packs in a manner not using the charger device [¶10 “The removable vehicle battery system also includes a wireless communication link between the external device and one or more of the removable energy storage modules, wherein the one or more removable energy storage modules and one or more converters may be removed from the vehicle and used to power the external device, wherein the wireless communication link is configured to communicate information from regarding the store of energy and the format usable by the external device, and wherein the one or more removable energy storage modules and one or more converters provide energy to the external device based on whether the store of energy can be provided in the format usable by the external device”].
With regards to claim 18 Chow discloses, a system [figs 1-3 vehicle battery system 100] for determining at least one use parameter [fig 7 730 device states power requirements] for at least one rechargeable battery pack [fig 3 battery modules 390a-c] for using a charger device [fig 3 converter 322 and ¶42 “the converter 322 may also convert voltages flowing back into the battery 190 (e.g., from regenerative braking), such that an available voltage flowing from vehicle systems is converted into a demand voltage suitable for recharging the battery modules 390”] that charges user-exchangeable rechargeable battery packs for driving at least one mobile device [fig 5 smart device 510], wherein a means of transport [fig 3 vehicle 105] comprises the charger device, comprising:
(a) an ascertaining device, wherein the ascertaining device is designed to: ascertain state and rated variables of the rechargeable battery packs relating to a possible charging of the rechargeable battery packs via the charger device [fig 7 and ¶43 “The removable vehicle battery system 100 further comprises a battery management controller (BMC) 184. The BMC 184 regulates the charging and discharging of the battery 190. The BMC 184 may read voltages from the battery 190 or battery modules 390. The BMC 184 may also read data from sensors including but not limited to a temperature sensor 230, battery load sensor or (e.g., voltmeter or ammeter) 280”], and
ascertain possible use time durations of the rechargeable battery packs for possibly using the charger device relating to a possible charging of the rechargeable battery packs via the charger device [¶73 “In step 796, the BMC 184 is available, and communicates with all available battery modules 390 and/or converters 322, in order to track their usage as assets of the removable vehicle battery system 100. Such asset tracking may include, but is not limited to, locations, tool assignments, remaining energy (e.g., in kWh), operating temperature, signal strength, output voltage, and output current of each of the battery modules 390 and converters 322. In some embodiments, asset tracking may further include tracking of the same or similar parameters for smart devices 510, 520, or 530, or other smart devices including but not limited to other vehicles” where remaining energy in kWh reasonably reads on “use time durations”]; and
(b) a determining device, wherein the determining device is designed to: determine the at least one use parameter for at least one of the rechargeable battery packs for using the charger device that charges the at least one rechargeable battery pack via the charger device by linking the ascertained state and rated variables and the ascertained possible use time durations taking into account at least one use limit of the charger device [¶8 “The system where the information regarding the store of energy includes one or more of a quantity of energy, a maximum available current, a maximum available power, or a range of available voltages. The system where the information regarding the usable format includes a at least one of a voltage requirement, a current requirement, or a power requirement”].
With regards to claim 19 Chow discloses, the system according to claim 18, further comprising one or more of: the rechargeable battery packs [fig 3 battery modules 390a-c], the charger device [fig 3 converter 322], the at least one mobile device [fig 5 smart device 510] or, the means of transport [fig 3 vehicle 105].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. US 20200381923 in view of Yen US 20200403416.
With regards to claim 3 Chow discloses, the method according to claim 2, wherein at least one of: the maximum charging and/or drive current is one of: a minimum of200 mA, a minimum of 1A, or a maximum of 200A, the maximum electrical charging and/or drive power is one of: a minimum of 200 W, a minimum of 1 kW, a maximum of 10 kW, or a maximum of 5 kW, the maximum electrical energy content is one of: a minimum of 1 Wh, a maximum of 8 kWh, or is 4 kWh [fig 6 discloses battery module 1 at 2.1amps and 1.3 kWh with 26% charge and battery module 2 at 200amps and 4.9 kWh with 98% charge, which reads within the ranges claimed].
Chow fails to disclose the maximum charging and/or drive temperature is 120°C, or the minimum charging and/or drive temperature is - 20°C.
However, Yen discloses the maximum charging and/or drive temperature is 120°C, or the minimum charging and/or drive temperature is - 20°C [¶25 “a charging temperature of the battery unit 110 could be substantially range from 0 degrees Celsius to 60 degrees Celsius”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery charging systems of Chow and Yen to limit the temperature range of the batteries in order to optimize charging and life span of the battery.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. US 20200381923 in view of Yi US 20210300197.
With regards to claim 11 Chow discloses, the method according to claim 10, wherein step c) comprises: determining the ascertained temperature [fig 2 temperature sensor 230], taking account of a maximum cooling power and/or a maximum heating power [¶39 “monitoring and management of battery temperature may also be a function of the BMC 184, which may be capable of activating battery heating or cooling systems when battery temperature and other conditions make this advisable” where the system controls the power required for heating/cooling which is inclusive of a maximum heating/cooling power];
determining possible electrical charging energy amounts of the rechargeable battery packs on and also the ascertained maximum charging current and/or the ascertained maximum charging power, and the ascertained maximum electrical energy content and/or the ascertained states of charge and/or taking account of a maximum total charging current and/or a maximum electrical total charging power [¶52 “the battery module 390, converter 322, or BMC 184 are able to communicate information to the smart tool 510, smart appliance 520, smart building 530, or other smart device, such information including but not limited to available stored energy (e.g., in amp-hours), available output voltages and connector types, maximum available current draw, overtemperature warnings, low charge warnings, and estimated time remaining to charge depletion at present power draw levels”], and
determining the at least one use parameter on the basis of the determined possible charging energy amounts, beginning with a largest charging energy amount and/or taking account of a maximum number of power output interfaces [fig 7 730 device states power requirements and 740 battery module or converter determine power availability and ¶64 “In step 740, the battery module 390 or converter 322 determines its power availability. This information may include available voltages (or a range of available voltages), available connector types, a maximum available current or power, and total available stored energy (e.g., in kilowatt-hours)”].
Chow fails to disclose determining cooling time durations for cooling and/or heating time durations for heating the rechargeable battery packs on the basis of the ascertained maximum charging temperature and/or the ascertained minimum charging temperature, determining possible charging time durations for charging the rechargeable battery packs on the basis of the determined cooling time durations and/or the determined heating time durations and also the ascertained possible use time durations; and on the basis of the determined possible charging time durations.
However, Yi discloses, determining cooling time durations for cooling and/or heating time durations for heating the rechargeable battery packs on the basis of the ascertained maximum charging temperature and/or the ascertained minimum charging temperature [¶16 “The thermal behavior predictor may be configured to predict the amount of temperature change over time of the coolant using the amount of heat exchanged with the coolant, an amount of heat supplied from a heater, and an amount of heat removed from a chiller”],
determining possible charging time durations for charging the rechargeable battery packs on the basis of the determined cooling time durations and/or the determined heating time durations and also the ascertained possible use time durations, and on the basis of the determined possible charging time durations [¶18 “a method of controlling a system estimating a charging time of a vehicle battery includes: measuring a temperature and voltage of a battery; predicting, when a charging current according to the measured temperature and voltage of the battery is applied to the battery, at least one of a terminal voltage of the battery after an amount of unit time has changed, a state of charge (SOC), or an amount of heat generated; predicting the temperature of the battery after the amount of unit time has changed over time of the battery and coolant according to the charging current and the amount of heat generated; and determining an estimated charging time of the vehicle based on at least one of the predicted terminal voltage, the SOC, the amount of heat generated, or the temperature of the battery after the amount of unit time has changed over time”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the charging systems of Chow with Yi to predict charging time duration based on cooling/heating times in order to provide a more accurate total charging time and to improve battery charging efficiency.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chow et al. US 20200381923 in view of Takatsuka et al. US 20180260887.
With regards to claim 16 Chow discloses at least one of the rechargeable battery packs onboard the means of transport [fig 3 battery modules 390a-c which is on board the vehicle].
Chow fails to disclose, wherein at least one of the possible use time durations comprises and/or corresponds to: a possible residence time duration.
However, Takatsuka disclose, the method according to claim 1, wherein at least one of the possible use time durations comprises and/or corresponds to: a possible residence time duration of at least one of the rechargeable battery packs onboard the means of transport [¶17 “The exchange completion time calculator calculates the exchange completion time on the basis of the travel time, the required charge amount, the remaining battery charge, and the charging speed” and ¶18 “Here, the travel time to each battery station is calculated on the basis of the distance from the current position of the user to a battery station where the battery exchange is performed, and the exchange completion time is calculated on the basis of the travel time, the required charge amount, the remaining battery charge, and the charging speed”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery charging systems of Chow and Takatsuka to utilize a “residence time duration” to charge the batteries of the system during a time while the vehicle is traveling to a destination in order to improve the users experience so that charging of the batteries can be performed during the travel time.
With regards to claim 17 the combination discloses, the method according to claim 1, wherein at least one of the possible use time durations comprises and/or corresponds to: a possible transport time duration of the means of transport to a possible drive location of at least one of the rechargeable battery packs [Takatsuka ¶17 and ¶18 above].
Conclusion
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/NATHAN J INSTONE/ Examiner, Art Unit 2859
/JULIAN D HUFFMAN/ Supervisory Patent Examiner, Art Unit 2859