Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2021-0129267, filed on 9-29-2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of 6-12-2023 on 6-12-2023; 7-23-2024; 4-14-2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
A rejection on this statutory basis (35 U.S.C. 102(g) as in force on March 15, 2013) is appropriate in an application or patent that is examined under the first to file provisions of the AIA if it also contains or contained at any time (1) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i) that is before March 16, 2013 or (2) a specific reference under 35 U.S.C. 120, 121, or 365(c) to any patent or application that contains or contained at any time such a claim.
Claims 1, 3-7, 9-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 10,978,888-B2, hereinafter Ono (as cited in the IDS dated 7/23/24 as; see attached translation for citations).
Regarding Claim 1, Ono teaches a battery control system (Col 1, L 56) comprising:
a first battery module group (12, Fig. 1);
a second battery module group (11, Fig. 1);
a first switch (R1, Fig. 1) configured to connect an end of the second battery module group to a first contactor/relay (21, Fig. 1);
a second switch (R3, Fig. 1) configured to connect an end of the first battery module group to a second contactor/relay (22, Fig. 1)
a battery management system (BMS) connected to the first switch and the second switch (ECU 100, Fig. 1),
wherein the BMS/ECU is configured to:
detect an event for battery structure conversion (Col 19, L 62 – Col 20, L 5),
control the first switch and the second switch to connect the first battery module group and the second battery module group in series or in parallel, based on the detected event (Col 19, L 62 – Col 20, L 5); and
adjust a threshold value for battery diagnosis based on whether the first battery module group and the second battery module group are connected in series or in parallel (Col 20, L 5-15).
Regarding Claim 3, Ono teaches the threshold value for battery diagnosis comprises a value for determining over-voltage or over-power, wherein BMS/ECU determines whether the voltage when fully charged has reached a predetermined threshold value reads on over-voltage/power value claimed (Col 18. L 30-45)
Regarding Claim 4, Ono teaches to connect the first battery module group and the second battery module group in series, the BMS is further configured to:
control the first switch (R1) such that the end of the second battery module (11) group is in an open state with the first contactor (21), (Col 12, L 33-38), and
control the second switch (R3) to connect the end of the first battery module group (12) to the end of the second battery module group (11), (Col 12, L 33-38).
Regarding Claim 5, Ono teaches to connect the first battery module group and the second battery module group in parallel, the BMS is further configured to:
control the first switch (R1) to connect the end of the second battery module group (11) to the first contactor (21), (Col 12, L 33-38), and
control the second switch (R3) to connect the end of the first battery module group (12) to the second contactor (22), (Col 12, L 33-38).
Regarding Claim 6, Ono teaches the BMS is further configured to determine the first battery module group and the second battery module group are connected in series or in parallel, based on at least one of a battery capacity or a location of the battery control system (Col 4, L 55-64).
Regarding Claim 7, Ono teaches an operating method of a battery control system, the operating method comprising:
detecting an event for battery structure conversion (Col 19, L 62 – Col 20, L 5);
controlling a first switch and a second switch to connect a first battery module group and a second battery module group in series or in parallel, based on the detected event (Col 19, L 62 – Col 20, L 5); and
adjusting a threshold value for battery diagnosis based on whether the first battery module group and the second battery module group are connected in series or in parallel (Col 18, L 63-67),
wherein the first switch (R1, Fig. 1) is configured to connect an end of the second battery module group (11, Fig. 1) to a first contactor (21, Fig. 1) or open the end of the second battery module group, and
wherein the second switch (R3, Fig. 1) is configured to connect an end of the first battery module group (12, Fig. 1) to the end of the second battery module group or a second contactor (22, Fig. 1).
Regarding Claim 9, Ono teaches the threshold value for battery diagnosis comprises a value for determining over-voltage or over-power (Col 18. L 30-45).
Regarding Claim 10, Ono teaches the controlling of the first switch (R1) and the second switch (R3) to connect the first battery module group (12) and the second battery module group (11) in series controlling the first switch such that the end of the second battery module group is in an open state with the first contactor (21) and controlling the second switch (R3) such that the end of the first battery module group is connected to the end of the second battery module group (R2, Fig. 1), (Col 12, L 33-38).
Regarding Claim 11, Ono teaches the controlling of the first switch (R1) and the second switch (R3) to connect the first battery module group and the second battery module group in parallel includes controlling the first switch to connect the end of the second battery module group (11) to the first contactor (21) and controlling the second switch (R3) to connect the end of the first battery module group (12) to the second contactor (22), (Col 12, L 33-38).
Regarding Claim 12, Ono teaches the detecting of the event for battery structure conversion comprises determining the first battery module group and the second battery module group are connected in series or in parallel, based on at least one of a battery capacity or a location of the battery control system (Col 21, L 27-37).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 2, 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 10,978,888-B2, hereinafter Ono (as cited in the IDS dated 7/23/24 as; see attached translation for citations) as applied to claim 1 above.
Regarding Claim 2, Ono teaches the BMS is further configured to:
determine the threshold value for battery diagnosis as a first threshold value when the first battery module group and the second battery module group are connected in series (Col 14, L 60-67),
Ono teaches determining the threshold value for battery diagnosis as a second threshold value when the first battery module group and the second battery module group are connected in parallel, wherein the second threshold value is, stating the threshold value can be fixed or varied and arbitrarily set that is can be set to 100% or less of the initial value (Col 18. L 30-45) but remains explicitly silent to the threshhold value being half of the first threshold value as required by the claim. However in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05
Regarding Claim 8, Ono teaches the adjusting of the threshold value for battery diagnosis comprises:
determining the threshold value for battery diagnosis as a first threshold value when the first battery module group and the second battery module group are connected in series (Col 14, L 60-67); and
determining the threshold value for battery diagnosis as a second threshold value when the first battery module group and the second battery module group are connected in parallel, wherein the second threshold value is half of the first threshold value, stating the threshold value can be fixed or varied, reading on claimed limitation (Col 18. L 30-45). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELGE S PEIRIS whose telephone number is (571)272-6591. The examiner can normally be reached Monday through Friday, 8:00am - 5:00pm EST.
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/TELGE SHAVINDA PEIRIS/Examiner, Art Unit 1724
/MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724
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