DETAILED ACTION
Claims 1-20 are pending. Claims dated 05/27/2025 are being examined.
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 .
Response to Arguments
35 U.S.C. § 101:
Applicant’s arguments filed 05/27/2025 with respect to claims have been considered, but they are not persuasive. The amendments have raised new rejections as outlined below. The use of the battery management system to perform the abstract ideas involves computer elements, but such elements act merely as tools to perform the abstract ideas, and do not amount to significantly more than the judicial exception. See MPEP 2106.05(f), additional elements that invoke computers or other machinery merely as a tool to perform an existing process will generally not amount to significantly more than a judicial exception.
35 U.S.C. § 103:
Applicant’s arguments filed 05/27/2025 with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground of rejection relies on prior art Lei et al. (CN107153414A, as cited in the IDS filed 10/10/2024) to teach the amended limitations.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/09/2025 and 06/11/2025 were filed. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1:
Independent claim 1 is directed to a method. Therefore, claim 1 is within at least one of the four statutory categories. Claim 1 will be used as a representative claim for the remainder of the 101 rejections.
101 Analysis – Step 2A, Prong I:
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejections. Claim 1 recites:
(Claim 1) A battery fault diagnosis method, wherein the method is used for a battery management system, the method comprises:
receiving a first original data set from a vehicle by the battery management system, wherein the first original data set is obtained by the battery management system from the vehicle through collection;
preliminarily diagnosing a battery of the vehicle based on the first original data set by the battery management system, and sending a risk warning by the battery management system to the vehicle based on the preliminary diagnosis for the battery; and
receiving data from the vehicle by the battery management system, wherein the data comprises: a second original data set or first diagnostic data obtained by the vehicle based on the second original data set, the second original data set is obtained by the battery management system from the vehicle through collection, the second original data set is used to deeply diagnose the battery, and a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
The Examiner submits that the foregoing bolded limitation(s) constitute “mental processes” – concepts performed in the human mind (including an observation, evaluation, judgment, opinion) (see MPEP § 2106.04(a)(2), subsection III) because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind.
Specifically, the limitation: “preliminarily diagnosing a battery of the vehicle based on the first original data set” in the context of this claim encompasses mental evaluation. Under broadest reasonable interpretation in light of Applicant’s specification, a person can mentally evaluate whether there is damage to a battery based on received data indicating high temperature, low temperature, over charge, over discharge, overcurrent, electric leakage, and the like. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II:
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea(s) into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional” limitations” while the bolded portions continue to represent the “abstract idea”):
(Claim 1) A battery fault diagnosis method, wherein the method is used for a battery management system, the method comprises:
receiving a first original data set from a vehicle by the battery management system, wherein the first original data set is obtained by the battery management system from the vehicle through collection;
preliminarily diagnosing a battery of the vehicle based on the first original data set by the battery management system, and sending a risk warning by the battery management system to the vehicle based on the preliminary diagnosis for the battery; and
receiving data from the vehicle by the battery management system, wherein the data comprises: a second original data set or first diagnostic data obtained by the vehicle based on the second original data set, the second original data set is obtained by the battery management system from the vehicle through collection, the second original data set is used to deeply diagnose the battery, and a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
For the following reason(s), the Examiner submits that the above identified additional elements do not integrate the above-noted abstract idea into a practical application.
The additional limitations of “…by the battery management system” amounts to use of generic computer components and also acting merely as tools to perform the aforementioned abstract idea. The battery management system is recited at a high level of generality and its broadest reasonable interpretation comprises only a processor, memory, and transmitter (FIGS. 5-6), to simply perform the generic computer functions of receiving, processing, and transmitting information. The battery management system does not amount to significantly more than the judicial exception. See MPEP 2106.05(f), additional elements that invoke computers or other machinery merely as a tool to perform an existing process will generally not amount to significantly more than a judicial exception.
The additional limitations of “receiving a first original data set from a vehicle, wherein the first original data set is obtained from the vehicle through collection” and “receiving data from the vehicle by the battery management system, wherein the data comprises: a second original data set or first diagnostic data obtained by the vehicle based on the second original data set, the second original data set is obtained by the battery management system from the vehicle through collection, the second original data set is used to deeply diagnose the battery, and a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set” amounts to mere data gathering which is a form of insignificant extra-solution activity. It has been held that limitations that the courts have found not to be enough to qualify as "significantly more" when recited in a claim with a judicial exception include: Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea, see MPEP 2106.05.
The additional limitations of “sending a risk warning to the vehicle based on the preliminary diagnosis for the battery”, under broadest reasonable interpretation amounts to post-solution activity in the form of outputting results obtained from the diagnosing step described above and encompasses mere transmission of data. The aforementioned limitations also serve to generally link the use of a judicial exception to a vehicular environment. It has been held that limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application (MPEP 2106.05(h)).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, that reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B:
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well understood, routine, conventional activity in the field. All the additional limitations are well-understood, routine, and conventional activity as exemplified by the cited art for the 35 USC § 103 claim rejection of claim 1. Furthermore, MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner.
While the claim further defines a frequency of data collection, in prior art Lei et al. (CN107153414A, as cited in the IDS filed 10/10/2024), Lei discloses a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set (third paragraph of page 5: secondly, according to the sensor configuration scheme and the fault detection scheme determined in the first step, the fault detection unit receives real-time measurement information of the sensors and judges whether a fault occurs at the current moment, after the fault detection unit judges that the fault occurs, the fault identification signal is updated so as to activate the fault type identification unit, and after the fault type identification unit receives the fault identification signal, the fault detection system is switched into a fault corresponding mode, namely more sensors are started or sampling is carried out at a higher frequency so as to obtain more information about the operation state of the control system; the fault type identification unit realizes real-time accurate identification of the fault type by solving a multi-model selection problem according to the obtained measurement information).
In addition, Lei second paragraph of page 5, discloses that it is beneficial to consider the “operational cost of the sensors” since in a “normal working state, if a large number of sensors are turned on, a certain amount of resources is wasted”. By ensuring that more sensors are started or sampling is carried out at a higher frequency only after a fault behavior is found, operational costs can be reduced.
As exemplified by the prior art, increasing or decreasing a sampling frequency of sensors to collect data and having a data collection frequency of the second original data set higher than a data collection frequency of the first original data set is a well‐understood, routine, and conventional function. Hence, the claim is not patent eligible.
Independent claims 10, 17, and 19 recite similar limitations as the representative independent method claim 1 and are rejected for the similar reasons as disclosed above. The processor and memory act merely as a tool to perform the aforementioned abstract ideas, and do not amount to significantly more than the judicial exception. See MPEP 2106.05(f), additional elements that invoke computers or other machinery merely as a tool to perform an existing process will generally not amount to significantly more than a judicial exception. The sending of data amounts to post-solution activity in the form of outputting results obtained from the diagnosing step described above and encompasses mere transmission of data. All the additional limitations are well-understood, routine, and conventional as exemplified by the cited art.
Dependent claims 2-9, 11-16, 18, and 20 do not recite any further limitations that cause the claims to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application, specifically only reciting/elaborating on the additional activities that may also be reasonably performed in the human mind (i.e., claims 2-3: “deeply diagnosing…”, claim 5: “determining…”, claim 18: “deeply diagnosing…”), and reciting/elaborating on additional insignificant extra-solution activities (data gathering: claims 4, 11, and 20: describing what type of data is received) and (post-solution activity: claim 5-7 and 15-16: sending the OTA upgrade package which are limit values; claim 8 and 14: describing the data transmitted; claim 12: “sending…”; claim 13: “uploading…”) or mere “apply it” level as applying conventional algorithms (claim 9: use of conventional algorithms), all of which are well-known, routine, and conventional as exemplified by the cited art herein.
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 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Yulong et al. (CN112731169A, as cited in the IDS filed 10/10/2024)*, in view Lei et al. (CN107153414A, as cited in the IDS filed 10/10/2024) and herein after will be referred to as Yulong and Lei respectively.
*The Examiner has provided a translation with paragraphs in the References Cited PTO-892 Form.
Regarding claim 1, Yulong teaches a battery fault diagnosis method, wherein the method is used for a battery management system, the method comprises:
receiving a first original data set from a vehicle by the battery management system, wherein the first original data set is obtained by the battery management system from the vehicle through collection (Fig. 1 data processing unit 3 receives air pressure information from air pressure monitoring unit 2 of vehicle; [0194] S1. monitor the internal pressure of the power battery housing around the clock…);
preliminarily diagnosing a battery of the vehicle based on the first original data set by the battery management system, and ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred)
sending a risk warning to the vehicle by the battery management system based on the preliminary diagnosis for the battery; and ([0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold)
receiving data from the vehicle by the battery management system, wherein the data comprises: a second original data set or first diagnostic data obtained by the vehicle based on the second original data set, the second original data set is obtained by the battery management system from the vehicle through collection (Fig. 1 power battery management system 4 receives temperature and voltage information from power battery information collection module 5 of vehicle; [0196] S2, the power battery management module is awakened according to the thermal runaway warning signal, and at the same time, the power battery information collection module is awakened to collect the internal temperature and voltage information of the power battery pack),
the second original data set is used to deeply diagnose the battery, and ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs; Fig. 6 in S2 the secondary diagnosis uses a second original data set having internal temperature and voltage information - more data items than a first original data set having internal pressure information for the preliminary diagnosis in S1)
Yulong does not explicitly teach: a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
However, Lei teaches a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set (third paragraph of page 5: secondly, according to the sensor configuration scheme and the fault detection scheme determined in the first step, the fault detection unit receives real-time measurement information of the sensors and judges whether a fault occurs at the current moment, after the fault detection unit judges that the fault occurs, the fault identification signal is updated so as to activate the fault type identification unit, and after the fault type identification unit receives the fault identification signal, the fault detection system is switched into a fault corresponding mode, namely more sensors are started or sampling is carried out at a higher frequency so as to obtain more information about the operation state of the control system; the fault type identification unit realizes real-time accurate identification of the fault type by solving a multi-model selection problem according to the obtained measurement information).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the data collection frequency of the second original data set as taught in Yulong to incorporate the teachings of Lei to include a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set, with a reasonable expectation of success since doing so would have achieved the benefit of “obtain[ing] more information about the operation state of the control system” (Lei page 5). Furthermore, Lei second paragraph of page 5, discloses that it is beneficial to consider the “operational cost of the sensors” since in a “normal working state, if a large number of sensors are turned on, a certain amount of resources is wasted”. By ensuring that more sensors are started or sampling is carried out at a higher frequency only after a fault behavior is found, operational costs can be reduced.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in further view of Luyang et al. (CN113799611A, as cited in the IDS filed 10/10/2024)* and herein after will be referred to as Luyang.
*The Examiner has provided a translation with paragraphs in the References Cited PTO-892 Form.
Regarding claim 2, Yulong, as modified, teaches the method according to claim 1.
Yulong also teaches further comprising: deeply diagnosing the battery based on the second original data set, to determine a fault […] of the battery ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs).
Yulong does not explicitly teach: to determine a fault level of the battery.
However, Luyang teaches to determine a fault level of the battery ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify wherein the operations further comprises: deeply diagnosing the battery based on the second original data set, to determine a fault of the battery as taught in Yulong to incorporate the teachings of Luyang to include a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 3, Yulong, as modified, teaches the method according to claim 1.
Yulong does not explicitly teach further comprising: deeply diagnosing the battery based on the second original data set and the first diagnostic data, to determine a fault level of the battery.
However, Luyang teaches deeply diagnosing the battery based on a second original data set and a first diagnostic data, to determine a fault level of the battery ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the deeply diagnosing the battery as taught in Yulong to incorporate the teachings of Luyang to include deeply diagnosing the battery based on the second original data set and the first diagnostic data, to determine a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, act as a check on the primary diagnosis (Luyang [0011]), and allow for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 4, Yulong, as modified, teaches the method according to claim 1.
Yulong also teaches wherein the first diagnostic data comprises a fault […] of the battery ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred; [0195] The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold)
Yulong does not explicitly teach: wherein the first diagnostic data comprises a fault level of the battery.
However, Luyang teaches wherein a first diagnostic data comprises a fault level of the battery ([0091] The diagnosis result also includes the overcurrent fault level).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the first diagnostic data as taught in Yulong to incorporate the teachings of Luyang to include wherein a first diagnostic data comprises a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in further view of Yanfei et al. (CN110712560A, as cited in the IDS filed 10/10/2024)* and herein after will be referred to as Yanfei.
*The Examiner has provided a translation with paragraphs in the References Cited PTO-892 Form.
Regarding claim 5, Yulong, as modified, teaches the method according to claim 1.
Yulong also teaches wherein the sending the risk warning to the vehicle based on the preliminary diagnosis for the battery comprises:
determining a diagnostic result based on the preliminary diagnosis for the battery; and ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred)
sending the risk warning to the vehicle when the diagnostic result reaches a preset threshold ([0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold).
Yulong does not explicitly teach: wherein the diagnostic result comprises a state of health of the battery or a fault probability value of the battery.
However, Yanfei teaches a diagnostic result comprises a state of health of the battery or a fault probability value of the battery ([0044] the battery management system has the functions of estimating the battery state of charge (SOC), battery state of health (SOH), dynamic monitoring and battery balancing; [0076] When the abnormality type is that the battery state of charge estimation deviation exceeds a first threshold and/or the battery health state estimation deviation exceeds a second threshold, the abnormality handling strategy is determined to correct the model parameters of the battery management system in the target vehicle for the battery state of charge and/or the battery health state estimation model through an offline high-precision model).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong to incorporate the teachings of Yanfei to include wherein the diagnostic result comprises a state of health of the battery or a fault probability value of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault by including the measuring of battery state of health deviations (Yanfei [0044], [0049], [0076]). The inclusion of additional parameter(s) in the diagnostic result may aid in a more targeted solution to resolve faults, and carrying out “targeted processing on battery abnormalities avoids affecting the performance and life of the new energy vehicle” (Yanfei [0007]).
Regarding claim 6, Yulong, as modified, teaches the method according to claim 5.
Yulong, as modified, does not explicitly teach: further comprising: when the diagnostic result reaches the preset threshold, sending an over-the-air technology (OTA) upgrade package to the vehicle, wherein the OTA upgrade package is used for an OTA upgrade of the vehicle.
However, Yanfei teaches: further comprising: when a diagnostic result reaches a preset threshold, sending an over-the-air technology (OTA) upgrade package to the vehicle ([0040] The server 103 determines whether the battery is abnormal based on the battery indicators within the statistical period, and determines the type of battery abnormality when an abnormality occurs; [0052] When any one of the target vehicle's battery overcharge times, battery self-discharge, and battery temperature difference reaches the corresponding threshold, it can be determined that the target vehicle's battery has an abnormality; [0059] Specifically, when the abnormality type is that the battery state of charge estimation deviation exceeds a first threshold and/or the battery state of health estimation deviation exceeds a second threshold, the abnormality handling strategy is determined to correct the model parameters of the battery management system in the target vehicle for the battery state of charge and/or the battery state of health estimation model through an offline high-precision model.)
wherein the OTA upgrade package is used for an OTA upgrade of the vehicle ([0065] S204: Sending the parameter value of the target parameter to the battery management system of the target vehicle through the over-the-air download technology, so that the battery management system updates the target parameter according to the parameter value; [0066] After determining the exception handling strategy, the server can send the parameter values of the target parameters to the battery management system of the target vehicle via OTA, so that the battery management system updates the target parameters according to the parameter values, for example, updating the model parameters of the estimation model, or updating the charging cut-off voltage, the pressure difference value in the voltage balancing strategy, the temperature difference value in the temperature control strategy, etc).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong to incorporate the teachings of Yanfei to include further comprising: when the diagnostic result reaches the preset threshold, sending an over-the-air technology (OTA) upgrade package to the vehicle, wherein the OTA upgrade package is used for an OTA upgrade of the vehicle, with a reasonable expectation of success since doing so would have achieved the benefit of carrying out “targeted processing on battery abnormalities to avoid affecting the performance and life of the new energy vehicle” (Yanfei [0007]).
Regarding claim 7, Yulong, as modified, teaches the method according to claim 6.
Yulong, as modified, does not explicitly teach wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and the charge/discharge adjustment policy is used to adjust a maximum degree of charge and/or a maximum depth of discharge of the battery.
However, Yanfei also teaches wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and ([0078] When the abnormality type is that there is a potential safety hazard in the battery, the abnormality handling strategy is determined to be adjusting a function restriction parameter, and the function restriction parameter is used to control the battery charging and discharging process)
the charge/discharge adjustment policy is used to adjust a maximum degree of charge and/or a maximum depth of discharge of the battery ([0080] When the number of times the battery is overcharged reaches a third threshold, determining that the abnormality handling strategy is to lower the charge cut-off voltage or the charge cut-off state of charge; [0081] When the self-discharge of the battery reaches a fourth threshold, determining that the abnormality handling strategy is to lower the voltage difference value in the voltage balancing strategy).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong to incorporate the teachings of Yanfei to include wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and the charge/discharge adjustment policy is used to adjust a maximum degree of charge and/or a maximum depth of discharge of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of carrying out “targeted processing on battery abnormalities to avoid affecting the performance and life of the new energy vehicle” (Yanfei [0007]), and “to prevent the battery from overcharging or over-discharging” (Yanfei [0044]).
Claims 8, 10, 14, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in further view of Liu et al. (US 20190333291 A1) and herein after will be referred to as Liu.
Regarding claim 8, Yulong, as modified, teaches the method according to claim 1.
Yulong also teaches wherein the risk warning indicates a risk level of the battery and/or a fault type of the battery ([0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold).
[…] and the fault type comprises one or more of the following: thermal runaway, internal short circuit, poor consistency, overtemperature, undervoltage, or overvoltage ([0195] thermal runaway).
Yulong does not explicitly teach: the risk level is used to determine a degree of emergency of a deep diagnosis and different risk levels correspond to different degrees of emergency.
However, Liu teaches a risk level is used to determine a degree of emergency of a deep diagnosis and different risk levels correspond to different degrees of emergency ([0048] The fault level determining module 1060 is configured to divide levels for the fault diagnosis result output by the fault diagnosis module 1050. Optionally, the levels are divided into a level-1 fault (which is the most severe), a level-2 fault, a level-3 fault...; optionally, the levels are divided into a severe fault, a moderate fault, and a general fault; [0049] The system degrading decision machine 1070 is configured to make a decision based on the fault level determined by the fault level determining module 1060 or/and after related data of the fault diagnosis result is input into a model, and notify, using a corresponding danger warning signal, a fault exceeding an expected safety state or affecting a vehicle safety state to a vehicle in which the fault occurs; [0076] Optionally, the danger warning signal reminds the vehicle that a severe fault is occurring, or/and requests to urgently process the severe fault).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the risk warning as taught in Yulong to incorporate the teachings of Liu to include, the risk level is used to determine a degree of emergency of a deep diagnosis, and different risk levels correspond to different degrees of emergency, with a reasonable expectation of success since doing so would have achieved the benefit of further enhancing the fault diagnosis with how severe a fault is and whether a safety state is exceeded, which by extension helps in vehicle safety (Liu [0049]).
Regarding claim 10, Yulong teaches a battery fault diagnosis method, the method is used for a vehicle, the method comprises:
uploading a first original data set obtained from a vehicle through collection to a […] battery management system BMS by the vehicle, wherein the first original data set is used to preliminarily diagnose a battery of the vehicle (Fig. 1 data processing unit 3 receives air pressure information from air pressure monitoring unit 2 of vehicle; [0194] S1. monitor the internal pressure of the power battery housing around the clock and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred);
when a risk warning from the […] BMS is received by the vehicle, obtaining a second original data set by the vehicle, wherein the second original data set is used to deeply diagnose the battery, wherein the risk warning is sent based on the preliminary diagnosis for the battery, the second original data set is obtained from the vehicle through collection, and (Fig. 1 power battery information collection module 5 of vehicle obtains temperature and voltage information; [0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold; [0196] S2, the power battery management module is awakened according to the thermal runaway warning signal, and at the same time, the power battery information collection module is awakened to collect the internal temperature and voltage information of the power battery pack; Fig. 6 in S2 the secondary diagnosis uses the second original data set having internal temperature and voltage information - more data items than the first original data set having internal pressure information for the preliminary diagnosis in S1)
sending data to the […] BMS, wherein the data comprises: data in the second original data set, or first diagnostic data obtained by the vehicle based on the second original data set (Fig. 1 power battery management system 4 receives temperature and voltage information from power battery information collection module 5 of vehicle).
Yulong does not explicitly teach that the battery management system is a cloud battery management system.
However, Liu teaches a cloud battery management system (Fig. 1 cloud diagnosis apparatus 1000).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the battery management system as taught in Yulong to incorporate the teachings of Liu to include a cloud battery management system, with a reasonable expectation of success since doing so would have achieved the well-known benefits of using cloud computing such as “help[ing] resolve problems of a “large computing amount” (Liu [0004]), and “resolve a minor problem such as insufficient compute power of a single-chip microcomputer, an expensive detection device, or inconvenience of being mounted on an automobile” (Liu [0005]).
Yulong does not explicitly teach: a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
However, Lei teaches a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set (third paragraph of page 5: secondly, according to the sensor configuration scheme and the fault detection scheme determined in the first step, the fault detection unit receives real-time measurement information of the sensors and judges whether a fault occurs at the current moment, after the fault detection unit judges that the fault occurs, the fault identification signal is updated so as to activate the fault type identification unit, and after the fault type identification unit receives the fault identification signal, the fault detection system is switched into a fault corresponding mode, namely more sensors are started or sampling is carried out at a higher frequency so as to obtain more information about the operation state of the control system; the fault type identification unit realizes real-time accurate identification of the fault type by solving a multi-model selection problem according to the obtained measurement information).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the data collection frequency of the second original data set as taught in Yulong to incorporate the teachings of Lei to include a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set, with a reasonable expectation of success since doing so would have achieved the benefit of “obtain[ing] more information about the operation state of the control system” (Lei page 5). Furthermore, Lei second paragraph of page 5, discloses that it is beneficial to consider the “operational cost of the sensors” since in a “normal working state, if a large number of sensors are turned on, a certain amount of resources is wasted”. By ensuring that more sensors are started or sampling is carried out at a higher frequency only after a fault behavior is found, operational costs can be reduced.
Regarding claim 14, Yulong, as modified, teaches the method according to claim 10.
Yulong also teaches wherein the risk warning indicates a risk level of the battery and/or a fault type of the battery ([0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold).
[…] and the fault type comprises one or more of the following: thermal runaway, internal short circuit, poor consistency, overtemperature, undervoltage, or overvoltage ([0195] thermal runaway).
Yulong does not explicitly teach: the risk level is used to determine a degree of emergency of the deep diagnosis and different risk levels correspond to different degrees of emergency.
However, Liu teaches a risk level is used to determine a degree of emergency of a deep diagnosis and different risk levels correspond to different degrees of emergency ([0048] The fault level determining module 1060 is configured to divide levels for the fault diagnosis result output by the fault diagnosis module 1050. Optionally, the levels are divided into a level-1 fault (which is the most severe), a level-2 fault, a level-3 fault...; optionally, the levels are divided into a severe fault, a moderate fault, and a general fault; [0049] The system degrading decision machine 1070 is configured to make a decision based on the fault level determined by the fault level determining module 1060 or/and after related data of the fault diagnosis result is input into a model, and notify, using a corresponding danger warning signal, a fault exceeding an expected safety state or affecting a vehicle safety state to a vehicle in which the fault occurs; [0076] Optionally, the danger warning signal reminds the vehicle that a severe fault is occurring, or/and requests to urgently process the severe fault).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the risk warning as taught in Yulong to incorporate the teachings of Liu to include, the risk level is used to determine a degree of emergency of the deep diagnosis, and different risk levels correspond to different degrees of emergency, with a reasonable expectation of success since doing so would have achieved the benefit of further enhancing the fault diagnosis with how severe a fault is and whether a safety state is exceeded, which by extension helps in vehicle safety (Liu [0049]).
Regarding claim 17, Yulong teaches a […] battery management system (BMS) […] to perform operations comprising (Fig. 1 power battery management system 4):
receiving a first original data set from a vehicle, wherein the first original data set is obtained from the vehicle through collection (Fig. 1 data processing unit 3 receives air pressure information from air pressure monitoring unit 2 of vehicle; [0194] S1. monitor the internal pressure of the power battery housing around the clock…);
preliminarily diagnosing a battery of the vehicle based on the first original data set, and ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred)
sending a risk warning to the vehicle based on the preliminary diagnosis for the battery; and ([0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold)
receiving data from the vehicle, wherein the data comprises: a second original data set or first diagnostic data obtained by the vehicle based on the second original data set, the second original data set is obtained from the vehicle through collection (Fig. 1 power battery management system 4 receives temperature and voltage information from power battery information collection module 5 of vehicle; [0196] S2, the power battery management module is awakened according to the thermal runaway warning signal, and at the same time, the power battery information collection module is awakened to collect the internal temperature and voltage information of the power battery pack),
the second original data set is used to deeply diagnose the battery, and ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs; Fig. 6 in S2 the secondary diagnosis uses the second original data set having internal temperature and voltage information - more data items than the first original data set having internal pressure information for the preliminary diagnosis in S1).
Yulong does not explicitly teach in the same embodiment the structural elements of the battery management system, specifically comprising a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations… because Yulong broadly discloses the performed operations “generally in terms of their functionality” ([0205]).
However, Yulong suggests that one skilled in the art would recognize that the battery management system may be implemented by a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations by disclosing in para. [0205] that “[t]hose skilled in the art will further appreciate that the various illustrative logical blocks, modules, circuits, and algorithm steps described in connection with the embodiments disclosed herein may be implemented as electronic hardware, computer software, or combinations of both. […] Whether such functionality is implemented as hardware or software depends upon the particular application and design constraints imposed on the overall system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the battery management system as taught in Yulong to comprise a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations, with a reasonable expectation of success because this particular known technique was recognized as part of the ordinary capabilities of one skilled in the art (Yulong [0205]), and applying the known technique would have yielded predictable results in the implementation of the battery management system by using hardware and software “without causing a departure from the scope of the present invention” (Yulong [0205]).
Yulong does not explicitly teach that the battery management system is a cloud battery management system.
However, Liu teaches a cloud battery management system (Fig. 1 cloud diagnosis apparatus 1000).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the battery management system as taught in Yulong to incorporate the teachings of Liu to include a cloud battery management system, with a reasonable expectation of success since doing so would have achieved the well-known benefits of using cloud computing such as “help[ing] resolve problems of a “large computing amount” (Liu [0004]), and “resolve a minor problem such as insufficient compute power of a single-chip microcomputer, an expensive detection device, or inconvenience of being mounted on an automobile” (Liu [0005]).
Yulong does not explicitly teach: a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
However, Lei teaches a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set (third paragraph of page 5: secondly, according to the sensor configuration scheme and the fault detection scheme determined in the first step, the fault detection unit receives real-time measurement information of the sensors and judges whether a fault occurs at the current moment, after the fault detection unit judges that the fault occurs, the fault identification signal is updated so as to activate the fault type identification unit, and after the fault type identification unit receives the fault identification signal, the fault detection system is switched into a fault corresponding mode, namely more sensors are started or sampling is carried out at a higher frequency so as to obtain more information about the operation state of the control system; the fault type identification unit realizes real-time accurate identification of the fault type by solving a multi-model selection problem according to the obtained measurement information).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the data collection frequency of the second original data set as taught in Yulong to incorporate the teachings of Lei to include a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set, with a reasonable expectation of success since doing so would have achieved the benefit of “obtain[ing] more information about the operation state of the control system” (Lei page 5). Furthermore, Lei second paragraph of page 5, discloses that it is beneficial to consider the “operational cost of the sensors” since in a “normal working state, if a large number of sensors are turned on, a certain amount of resources is wasted”. By ensuring that more sensors are started or sampling is carried out at a higher frequency only after a fault behavior is found, operational costs can be reduced.
Regarding claim 19, Yulong teaches a vehicle battery management system (BMS) (Fig. 1 air pressure monitoring unit 2 and power battery information collection module 5 of vehicle), […] to perform operations comprising:
uploading a first original data set obtained from a vehicle through collection to a […] battery management system BMS, wherein the first original data set is used to preliminarily diagnose a battery of the vehicle (Fig. 1 data processing unit 3 receives air pressure information from air pressure monitoring unit 2 of vehicle; [0194] S1. monitor the internal pressure of the power battery housing around the clock and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred);
when a risk warning from the […] BMS is received, obtaining a second original data set, wherein the second original data set is used to deeply diagnose the battery, wherein the risk warning is sent based on the preliminary diagnosis for the battery, the second original data set is obtained from the vehicle through collection, and (Fig. 1 power battery information collection module 5 of vehicle obtains temperature and voltage information; [0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module. The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold; [0196] S2, the power battery management module is awakened according to the thermal runaway warning signal, and at the same time, the power battery information collection module is awakened to collect the internal temperature and voltage information of the power battery pack; Fig. 6 in S2 the secondary diagnosis uses the second original data set having internal temperature and voltage information - more data items than the first original data set having internal pressure information for the preliminary diagnosis in S1)
sending data to the […] BMS, wherein the data comprises: data in the second original data set, or first diagnostic data obtained by the vehicle based on the second original data set (Fig. 1 power battery management system 4 receives temperature and voltage information from power battery information collection module 5 of vehicle).
Yulong does not explicitly teach in the same embodiment the structural elements of the vehicle battery management system, specifically comprising a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations… because Yulong broadly discloses the performed operations “generally in terms of their functionality” ([0205]).
However, Yulong suggests that one skilled in the art would recognize that the vehicle battery management system may be implemented by a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations by disclosing in para. [0205] that “[t]hose skilled in the art will further appreciate that the various illustrative logical blocks, modules, circuits, and algorithm steps described in connection with the embodiments disclosed herein may be implemented as electronic hardware, computer software, or combinations of both. […] Whether such functionality is implemented as hardware or software depends upon the particular application and design constraints imposed on the overall system.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the vehicle battery management system as taught in Yulong to comprise a memory and a processor, wherein the memory is configured to store executable instructions; and the processor is configured to invoke the executable instructions to perform operations, with a reasonable expectation of success because this particular known technique was recognized as part of the ordinary capabilities of one skilled in the art (Yulong [0205]), and applying the known technique would have yielded predictable results in the implementation of the vehicle battery management system by using hardware and software “without causing a departure from the scope of the present invention” (Yulong [0205]).
Yulong does not explicitly teach that the battery management system is a cloud battery management system.
However, Liu teaches a cloud battery management system (Fig. 1 cloud diagnosis apparatus 1000).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the battery management system as taught in Yulong to incorporate the teachings of Liu to include a cloud battery management system, with a reasonable expectation of success since doing so would have achieved the well-known benefits of using cloud computing such as “help[ing] resolve problems of a “large computing amount” (Liu [0004]), and “resolve a minor problem such as insufficient compute power of a single-chip microcomputer, an expensive detection device, or inconvenience of being mounted on an automobile” (Liu [0005]).
Yulong does not explicitly teach: a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set.
However, Lei teaches a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set (third paragraph of page 5: secondly, according to the sensor configuration scheme and the fault detection scheme determined in the first step, the fault detection unit receives real-time measurement information of the sensors and judges whether a fault occurs at the current moment, after the fault detection unit judges that the fault occurs, the fault identification signal is updated so as to activate the fault type identification unit, and after the fault type identification unit receives the fault identification signal, the fault detection system is switched into a fault corresponding mode, namely more sensors are started or sampling is carried out at a higher frequency so as to obtain more information about the operation state of the control system; the fault type identification unit realizes real-time accurate identification of the fault type by solving a multi-model selection problem according to the obtained measurement information).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the data collection frequency of the second original data set as taught in Yulong to incorporate the teachings of Lei to include a data collection frequency of the second original data set is higher than a data collection frequency of the first original data set, with a reasonable expectation of success since doing so would have achieved the benefit of “obtain[ing] more information about the operation state of the control system” (Lei page 5). Furthermore, Lei second paragraph of page 5, discloses that it is beneficial to consider the “operational cost of the sensors” since in a “normal working state, if a large number of sensors are turned on, a certain amount of resources is wasted”. By ensuring that more sensors are started or sampling is carried out at a higher frequency only after a fault behavior is found, operational costs can be reduced.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in further view of Jingjing et al. (CN114137428A, as cited in the IDS filed 12/09/2024)* and herein after will be referred to as Jingjing.
*The Examiner has provided a translation with paragraphs in the References Cited PTO-892 Form.
Regarding claim 9, Yulong, as modified, teaches the method according to claim 1.
Yulong does not explicitly teach wherein the preliminary diagnosis or the deep diagnosis uses one or more algorithms of mechanism analysis, knowledge graph and reasoning, big data analysis, digital twin, or analog simulation.
However, Jingjing teaches wherein a preliminary diagnosis or a deep diagnosis uses one or more algorithms of mechanism analysis, knowledge graph and reasoning, big data analysis, digital twin, or analog simulation ([0028] Preferably, as an improvement, the cloud server module is also equipped with a detection website, which is used to perform big data analysis and generate and store power battery health status detection reports).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the preliminary diagnosis or the deep diagnosis as taught in Yulong to incorporate the teachings of Jingjing to include wherein the preliminary diagnosis or the deep diagnosis uses one or more algorithms of mechanism analysis, knowledge graph and reasoning, big data analysis, digital twin, or analog simulation, with a reasonable expectation of success since doing so would have achieved the well-known benefits of using big data analysis to uncover trends, patterns, and correlations to help make data-informed decisions, “thereby improving safety of the power battery” (Jingjing [0057]).
Claims 11-13, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in view of Liu, in further view of Luyang.
Regarding claim 11, Yulong, as modified, teaches the method according to claim 10.
Yulong also teaches wherein the first diagnostic data comprises a fault […] of the battery, and ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred; [0195] The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold)
the fault […] is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs).
Yulong does not explicitly teach: wherein the first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set.
However, Luyang teaches wherein a first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on a second original data set ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined; [0015] When the secondary diagnosis result determines that the primary diagnosis is correct, the power battery discharge power is limited according to the overcurrent fault level of the primary overcurrent fault diagnosis result).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the first diagnostic data as taught in Yulong, as modified, to incorporate the teachings of Luyang to include wherein the first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults (Luyang [0102], [0105]), which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 12, Yulong, as modified, teaches the method according to claim 10.
Yulong, as modified, also teaches wherein the sending data to the cloud BMS comprises: sending the second original data set and the first diagnostic data to the cloud BMS (see rejection of claim 10 cited to Yulong Fig. 1 and supported by Yulong [0195] - where the power battery management system 4 receives the thermal runaway event warning data from the preliminary diagnosis and temperature and voltage information from power battery information collection module 5 of vehicle; see rejection of claim 10 cited to Liu Fig. 1 - to teach the BMS as a cloud BMS).
Yulong, as modified, does not explicitly teach wherein the second original data set and the first diagnostic data are used by the cloud BMS to deeply diagnose the battery, to determine a fault level of the battery.
However, Luyang teaches wherein the second original data set and the first diagnostic data are used by the cloud BMS to deeply diagnose the battery, to determine a fault level of the battery ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify the deeply diagnosing the battery as taught in Yulong, as modified, to incorporate the teachings of Luyang to include wherein the second original data set and the first diagnostic data are used by the cloud BMS to deeply diagnose the battery, to determine a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 13, Yulong, as modified, teaches the method according to claim 10.
Yulong, as modified, also teaches wherein the sending data to the cloud BMS comprises: uploading the second original data set to the cloud BMS, wherein the second original data set is used by the cloud BMS to deeply diagnose the battery, to determine a fault […] of the battery (see rejection of claim 10 cited to Yulong Fig. 1 and Fig. 6 – where the power battery management system 4 receives temperature and voltage information from power battery information collection module 5 of vehicle to perform secondary diagnosis; see rejection of claim 10 cited to Liu Fig. 1 - to teach the BMS as a cloud BMS).
Yulong, as modified, does not explicitly teach: to determine a fault level of the battery.
However, Luyang teaches to determine a fault level of the battery ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong, as modified, to incorporate the teachings of Luyang to include a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 18, Yulong, as modified, teaches the cloud BMS according to claim 17.
Yulong also teaches wherein the operations further comprises: deeply diagnosing the battery based on the second original data set, to determine a fault […] of the battery ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs).
Yulong, as modified, does not explicitly teach: to determine a fault level of the battery.
However, Luyang teaches to determine a fault level of the battery ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify wherein the operations further comprises: deeply diagnosing the battery based on the second original data set, to determine a fault of the battery as taught in Yulong to incorporate the teachings of Luyang to include a fault level of the battery, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Regarding claim 20, Yulong, as modified, teaches the vehicle BMS according to claim 19.
Yulong also teaches wherein the first diagnostic data comprises a fault […] of the battery, and ([0194] …and perform a diagnosis to determine whether a preliminary thermal runaway event of the power battery has occurred; [0195] The preliminary thermal runaway event of the power battery refers to the air pressure parameter data collected by the air pressure monitoring unit exceeding the air pressure threshold)
the fault […] is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set ([0196] …and the power battery thermal runaway state is secondary diagnosed according to the feedback information of the power battery information collection module to determine whether the thermal runaway final event occurs).
Yulong does not explicitly teach: wherein the first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set.
However, Luyang teaches wherein a first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on a second original data set ([0011] The step of performing a secondary diagnosis on the accuracy of the primary fault diagnosis result by combining the first data and the second data comprises: The total power consumption P4 is calculated by adding P2 and P3. When P4 is greater than the preset multiple of P1 or the preset multiple of P4 is less than P1, the secondary diagnosis result is that the primary diagnosis is wrong, and the overcurrent fault level is re-determined; [0015] When the secondary diagnosis result determines that the primary diagnosis is correct, the power battery discharge power is limited according to the overcurrent fault level of the primary overcurrent fault diagnosis result).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong, as modified, to incorporate the teachings of Luyang to include wherein the first diagnostic data comprises a fault level of the battery, and the fault level is obtained by the vehicle through deep diagnosis performed by the vehicle based on the second original data set, with a reasonable expectation of success since doing so would have achieved the benefit of a more accurate assessment of the fault, and allowing for a more precise solution to resolve faults, which by extension “reduces the safety risks of the power battery” (Luyang [0037]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yulong, in view of Lei, in view of Liu, in further view of Yanfei.
Regarding claim 15, Yulong, as modified, teaches the method according to claim 10.
Yulong, as modified, also teaches further comprising: when the risk warning from the cloud BMS is received (Yulong [0195] If a preliminary thermal runaway event occurs, a thermal runaway warning signal is sent to the power battery management module to wake up the power battery management module; see rejection of claim 10 cited to Liu Fig. 1 - to teach the BMS as a cloud BMS), --performing secondary diagnosis-- (Yulong Fig. 6 S2).
Yulong, as modified, does not explicitly teach: performing an OTA upgrade based on an over-the-air technology (OTA) upgrade package, wherein the OTA upgrade package comes from the cloud BMS or the vehicle.
However, Yanfei teaches: performing an OTA upgrade based on an over-the-air technology (OTA) upgrade package ([0040] The server 103 determines whether the battery is abnormal based on the battery indicators within the statistical period, and determines the type of battery abnormality when an abnormality occurs; [0052] When any one of the target vehicle's battery overcharge times, battery self-discharge, and battery temperature difference reaches the corresponding threshold, it can be determined that the target vehicle's battery has an abnormality; [0059] Specifically, when the abnormality type is that the battery state of charge estimation deviation exceeds a first threshold and/or the battery state of health estimation deviation exceeds a second threshold, the abnormality handling strategy is determined to correct the model parameters of the battery management system in the target vehicle for the battery state of charge and/or the battery state of health estimation model through an offline high-precision model)
wherein the OTA upgrade package comes from the cloud BMS or the vehicle ([0037] It can be understood that the exception handling method provided in the present application can be applied to a processing device with any data processing capability, which can be a local computing device or a cloud computing device deployed in the cloud; [0065] S204: Sending the parameter value of the target parameter to the battery management system of the target vehicle through the over-the-air download technology, so that the battery management system updates the target parameter according to the parameter value; [0066] After determining the exception handling strategy, the server can send the parameter values of the target parameters to the battery management system of the target vehicle via OTA, so that the battery management system updates the target parameters according to the parameter values, for example, updating the model parameters of the estimation model, or updating the charging cut-off voltage, the pressure difference value in the voltage balancing strategy, the temperature difference value in the temperature control strategy, etc).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong, as modified, to incorporate the teachings of Yanfei to include further comprising: when a risk warning from the cloud BMS is received, performing an OTA upgrade based on an over-the-air technology (OTA) upgrade package, wherein the OTA upgrade package comes from the cloud BMS or the vehicle, with a reasonable expectation of success since doing so would have achieved the benefit of carrying out “targeted processing on battery abnormalities to avoid affecting the performance and life of the new energy vehicle” (Yanfei [0007]).
Regarding claim 16, Yulong, as modified, teaches the method according to claim 15.
Yulong, as modified, does not explicitly teach wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and the performing an OTA upgrade based on an OTA upgrade package comprises: adjusting a maximum degree of charge and/or a maximum depth of discharge of the battery according to the charge/discharge adjustment policy.
However, Yanfei also teaches wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and ([0078] When the abnormality type is that there is a potential safety hazard in the battery, the abnormality handling strategy is determined to be adjusting a function restriction parameter, and the function restriction parameter is used to control the battery charging and discharging process)
the performing an OTA upgrade based on an OTA upgrade package comprises: adjusting a maximum degree of charge and/or a maximum depth of discharge of the battery according to the charge/discharge adjustment policy ([0080] When the number of times the battery is overcharged reaches a third threshold, determining that the abnormality handling strategy is to lower the charge cut-off voltage or the charge cut-off state of charge; [0081] When the self-discharge of the battery reaches a fourth threshold, determining that the abnormality handling strategy is to lower the voltage difference value in the voltage balancing strategy).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Yulong, as modified, to incorporate the teachings of Yanfei to include wherein the OTA upgrade package comprises a charge/discharge adjustment policy, and the performing an OTA upgrade based on an OTA upgrade package comprises: adjusting a maximum degree of charge and/or a maximum depth of discharge of the battery according to the charge/discharge adjustment policy, with a reasonable expectation of success since doing so would have achieved the benefit of carrying out “targeted processing on battery abnormalities to avoid affecting the performance and life of the new energy vehicle” (Yanfei [0007]), and “to prevent the battery from overcharging or over-discharging” (Yanfei [0044]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20240288501-A1: Cryemble also teaches the features of an increased frequency: [0240] For the example, the frequency may be decreased when one, some, or all such parameters indicate that the respective cells operate safely within their NOA, and increased when one, some, or all such parameters indicate that the cells operate at or close to the boundaries set by their NOA or SOA. In the context of behavioural faults, the frequency with which cell properties are measured may be increased as the difference between measurements of different cells or cell groups or with a predefined behaviour approaches a respective deviation threshold.
US 20230133120 A1: Jang is relevant to use of big data analysis-based battery diagnostics
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/DAVIN SEOL/Examiner, Art Unit 3662
/JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662
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