DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
Acknowledgement is made of application #18/275,023 filed on 07/31/2023 and 01/14/2023 in which claims 1-13 have been presented for prosecution in a first action on the merits
Response to Amendment
Acknowledgement is made of preliminary amendment filed on 07/31/2023 in which claims 5,7,9-10 have been amended while claims 14-19 have been newly added. By this amendment, claims 1-19 are now pending in the application for examination.
Response to Supplementary Amendment
Acknowledgement is made of preliminary amendment filed on 01/14/2024 in which claims 1-13 have been amended while claims 14-19 have been newly added. By this amendment, claims 1-19 are now pending in the application for prosecution in a first action on the merits.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 08/18/2023 and 04/07/2024 have been considered and placed of record. Initialed copies are attached herewith.
Priority
Acknowledgment is made of Applicant's benefit claim to International ApplicationPCT/CN2021/074659, filed on 1 February 2021, of which this Application is a National Stage entry.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “An SOP management method for a power battery pack, comprising the following steps:
obtaining an SOP value of each parallel battery branch in the power battery pack:”
The underlined limitations of “SOP” is undefined and must be defined in claim language at its first apparition.
Similarly the limitations of, “ each parallel battery branch” lack antecedent basis in the claim as only a power battery pack has been previously recited and there is nothing of record that states that the battery pack is formed of multiple parallel battery branches, and thus render the claim unclear and indefinite.
Claim 12 recites “An SOP management apparatus for a power battery pack,
wherein the apparatus comprises a primary battery management unit and a plurality of secondary
battery management units, the primary battery management unit and the plurality of secondary
battery management units are connected in communication, wherein, each secondary battery management unit is configured to obtain an SOP value of the corresponding parallel battery branch in the power battery pack and send it to the primary battery management unit;”
The underlined limitations of “SOP” is undefined and must be defined in claim language at its first apparition.
Similarly the limitations of, “ the corresponding parallel battery branch” lack antecedent basis in the claim as only a power battery pack has been previously recited and there is nothing of record that states that the battery pack is formed of multiple parallel battery branches, and thus render the claim unclear and indefinite.
Claims 2-11,14-19 depend either directly or indirectly from claim 1 and thus inherit the same deficiencies and are all rejected for the same reasons.
Claim 13 depends directly from claim 12 and is therefore rejected for the same reasons.
Claim Objections
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 11 recites the underlined limitations of: “…during which the real-time charge and discharge current is less than a preset ratio of the SOP value of the branch under the current parameter condition…”. It is not defined as to what the underlined limitations of a preset ratio of the SOP value of the branch under the current parameter condition means or referring to.
Appropriate correction is required.
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.
Claim(s) 1,5,12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaneko US 2019/0305263 A1.
Regarding claims 12 and 1: Kaneko at least discloses and shows in Figs. 1-5: An SOP management apparatus for a power battery pack(1)(see Fig. 1 and [0021]), wherein the apparatus comprises a primary battery management unit(MP note-the battery pack 3-1 is set as the master battery pack MP; see [0021]) and a plurality of secondary battery management units(SP1, SP2)(note-the battery packs 3-2 and 3-3 are set as the slave battery packs SP; see [0021]-[0022]), the primary battery management unit(MP) and the plurality of secondary battery management units(SP1, SP2) are connected in communication(via CAN bus 200; see Fig. 1 and [0025]), wherein, each secondary battery management unit(SP1, SP2) is configured(via microcontroller of control unit 20; see [0031]-[0035]) to obtain an SOP value of the corresponding parallel battery branch(3-2,3-3)(see [0017]; note-The plurality of battery packs 3-1 to 3-3 are connected in parallel to a load L in the battery system 1 in order to secure a predetermined battery capacity) in the power battery pack(1) and send it to the primary battery management unit(MP)(see [0034]-[0035]); the primary battery management unit(MP) is configured(via control unit 20A) to obtain a current total SOP value(note-The control unit 20A calculates integrated battery information based on the state information of the battery module 10 of the master battery pack MP and the received state information of each battery module 10 of the slave battery packs SP1 and SP2. The integrated battery information is information obtained by integrating the battery state information SOX of each battery module 10 of the battery packs 3-1 to 3-3. The integrated battery information is information that is an overall index of battery characteristics of all the battery modules 10 included in the battery system 1. Examples of the integrated battery information include statistical information of the battery state information such as an average value of SOC of each battery module 10, information obtained by calculating mutual battery state information such as a sum of SOP of each battery module 10; see [0037]-[0040]) of the power battery pack(1) according to the SOP value of each parallel battery branch(3-1 to 3-3).
Regarding claim 5, Kaneko discloses all the claimed invention as set forth and discussed above in claim 1. Kaneko further discloses, wherein the step of obtaining the current total SOP
value of the power battery pack according to the SOP value of the each parallel battery branch(3-1 to 3-3) comprises:
obtaining the minimum value in the SOP value of the each parallel battery branch;
obtaining the current total SOP value of the power battery pack(1) according to the minimum value of the SOP value of the each parallel battery branch(3-1 to 3-3) and number(number is equal to 3) of the parallel branches(3-1 to 3-3) in the power battery pack(1)(see [0040])(note- The integrated battery information is information obtained by integrating the battery state information SOX of each battery module 10 of the battery packs 3-1 to 3-3. The integrated battery information is information that is an overall index of battery characteristics of all the battery modules 10 included in the battery system 1. Examples of the integrated battery information include statistical information of the battery state information such as an average value of SOC of each battery module 10, information obtained by calculating mutual battery state information such as a sum of SOP of each battery module 10, and information relating to the minimum value of the battery state information such as a value obtained by multiplying the minimum value among the SOPs of the plurality of battery packs by the number of battery packs).
Regarding claim 13, Kaneko discloses, an electric vehicle, comprising the SOP management apparatus for the power battery pack (1) as claimed in claim 12(see [0016], [0018]-[0025]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 ,14 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko US 2019/0305263 A1 in view of Mu et al., (Mu) CN 108227817 A(cited by Applicants).
Regarding claim 2, Kaneko discloses all the claimed invention as set forth and discussed above in claim 1. Kaneko further discloses, wherein the step of obtaining the SOP value of each parallel battery branch in the power battery pack comprises:
obtaining an operating condition of the each parallel battery branch(3-1 to 3-3)(see [0034],[0040]);
obtaining the SOP value of the each parallel battery branch(3-1 to 3-3) according to the operation condition and a corresponding SOP value reference table(see [0040]; note -data stored in buffer memory 24 can be construed as table format since it can comprises, among other things, the voltage, the current, and the temperature recorded in the buffer memory 24 at a predetermined timing, to calculate battery state information (SOX) of the battery module 10. In a description of the present embodiment, examples of the battery state information SOX include an estimated value of any one of SOC, SOP (State of Power), SOH (State of Health), and an internal resistance of the battery module 10, and a combination of two or more estimated values)(see also [0044]-[0046]).
Although Kaneko does not expressly teach the use of a table, the Examiner takes Official Notice that it is old and well known in the art to store data using a table data structure. In fact, use of tables has been ubiquitous in computer program design for at least several decades, going back to at least the 1970s when relational database based upon tables of data were used as a means for storing significant amounts of information.
It would have been obvious for one of ordinary skill in the art at the time of the invention to store the data in a table, which is updated when appropriate, because it would reduce complexity (a table is one of the simplest data structures there is) and would enable clear and orderly identification of the information. Furthermore, Mu teaches factual evidence of a power battery state of power controlling method, device and equipment. Mu further discloses a power battery power state control method, including: extracting a target data segment from power battery operation data according to a preset rule; according to the target data segment Current data and voltage data, determining a current internal resistance value of the power battery; determining a current actual power state value of the power battery according to the rated voltage data of the power battery and the current internal resistance value; Obtaining, in the data, a temperature value and a state of charge corresponding to the target data segment; and obtaining an ideal power state value of the power battery from the preset power state table according to the temperature value and the state of charge; The current actual power state value is described, and the ideal power state value is corrected.
Kaneko and Mu are battery state of Power analogous art. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Mu with Kaneko by having the steps including: obtaining the SOP value of the each parallel battery branch according to the operation condition and a corresponding SOP value reference table, as recited, for the advantages of providing a robust power battery power state control method and to enable obtaining the ideal power state value of the power battery from the preset power state table, as per the teachings of Mu (see Machine Translation; page 1, lines 26 and 57-60).
Regarding claim 14, Kaneko in view of Mu discloses all the claimed invention as set forth and discussed above in claim 2. Kaneko further discloses, wherein the step of obtaining the current total SOP value of the power battery pack according to the SOP value of the each parallel battery branch comprises:
obtaining the minimum value in the SOP value of the each parallel branch(3-1 to 3-3)(see Kaneko; [0040]);
obtaining the current total SOP value of the each parallel battery branch (3-1 to 3-3) according to the minimum value of the SOP value of the each parallel battery branch (3-1 to 3-3) and number of the parallel branches in the power battery pack(note- The integrated battery information is information obtained by integrating the battery state information SOX of each battery module 10 of the battery packs 3-1 to 3-3. The integrated battery information is information that is an overall index of battery characteristics of all the battery modules 10 included in the battery system 1. Examples of the integrated battery information include statistical information of the battery state information such as an average value of SOC of each battery module 10, information obtained by calculating mutual battery state information such as a sum of SOP of each battery module 10, and information relating to the minimum value of the battery state information such as a value obtained by multiplying the minimum value among the SOPs of the plurality of battery packs by the number of battery packs; see [0040]).
Claims 3-4,15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko US 2019/0305263 A1 in view of Mu et al., (Mu) CN 108227817 A(cited by Applicants; Machine Translation) and in further view of Hu et al., (Hu) CN 112078382A (also cited by Applicants; Machine Translation).
Regarding claim 3, Kaneko in view of Mu discloses all the claimed invention as set forth and discussed above in claim 2. Mu further discloses, wherein the step of obtaining the SOP value of the each parallel battery branch according to the operating condition and the corresponding SOP value reference table comprises:
obtaining an initial SOP value of the each parallel battery branch according to the operating condition and the corresponding SOP value reference table; obtaining a fault level of each parallel battery branch(note- The power battery power state control device of the embodiment of the present invention extracts a target data segment from the power battery operation data according to a preset rule, and determines a current internal resistance value of the power battery according to the current data and the voltage data in the target data segment. And determining the current actual power state value of the power battery according to the rated voltage data of the power battery and the current internal resistance value, and then obtaining the temperature value and the state of charge corresponding to the target data segment from the operation data, and then according to the temperature value and the charging state. The state obtains the ideal power state value of the power battery from the preset power state table, and finally corrects the ideal power state value according to the current actual power state value).
The combination of Kaneko and Mu does not expressly teach the limitations of:
performing power limiting processing on the initial SOP value of the each parallel battery branch according to the fault level of the each parallel battery branch, so as to obtain the SOP value of the each parallel battery branch
However, Hu teaches factual evidence of, performing power limiting processing on the initial SOP value of the each parallel battery branch according to the fault level of the each parallel battery branch, so as to obtain the SOP value of the each parallel battery(note- the battery management system determining the maximum allowable discharge power and the maximum allowable charging power of the corresponding battery pack comprises:
the battery management system monitors the fault state of the corresponding battery pack and the current remaining power(see claim 2 of Hu)
Regarding claim 4, Kaneko in view of Mu and Hu discloses all the claimed invention as set forth and discussed above in claim 3. Hu further discloses, wherein the step of obtaining the fault level of the each parallel battery branch comprises:
Obtaining a battery temperature and a battery voltage of the each parallel battery branch, obtaining the fault level of the each parallel battery branch according to the battery temperature and the battery voltage of the each parallel battery branch(see page 3 of Machine Translation of Hu, lines 17-17 and 28-39 and page 7, lines 40-59).
Regarding claim 15, Kaneko in view of Mu and Hu discloses all the claimed invention as set forth and discussed above in claim 3. Kaneko further discloses, wherein the step of obtaining the current total SOP value of the power battery pack according to the SOP value of the each parallel battery branch comprises:
obtaining the minimum value in the SOP value of the each parallel branch(3-1 to 3-3)(see Kaneko; [0040]);
obtaining the current total SOP value of the each parallel battery branch (3-1 to 3-3) according to the minimum value of the SOP value of the each parallel battery branch (3-1 to 3-3) and number of the parallel branches in the power battery pack(note- The integrated battery information is information obtained by integrating the battery state information SOX of each battery module 10 of the battery packs 3-1 to 3-3. The integrated battery information is information that is an overall index of battery characteristics of all the battery modules 10 included in the battery system 1. Examples of the integrated battery information include statistical information of the battery state information such as an average value of SOC of each battery module 10, information obtained by calculating mutual battery state information such as a sum of SOP of each battery module 10, and information relating to the minimum value of the battery state information such as a value obtained by multiplying the minimum value among the SOPs of the plurality of battery packs by the number of battery packs; see [0040]).
Regarding claim 16, Kaneko in view of Mu and Hu discloses all the claimed invention as set forth and discussed above in claim 4. Kaneko further discloses, wherein the step of obtaining the current total SOP value of the power battery pack according to the SOP value of the each parallel battery branch comprises:
obtaining the minimum value in the SOP value of the each parallel branch(3-1 to 3-3)(see Kaneko; [0040]);
obtaining the current total SOP value of the each parallel battery branch (3-1 to 3-3) according to the minimum value of the SOP value of the each parallel battery branch (3-1 to 3-3) and number of the parallel branches in the power battery pack(note- The integrated battery information is information obtained by integrating the battery state information SOX of each battery module 10 of the battery packs 3-1 to 3-3. The integrated battery information is information that is an overall index of battery characteristics of all the battery modules 10 included in the battery system 1. Examples of the integrated battery information include statistical information of the battery state information such as an average value of SOC of each battery module 10, information obtained by calculating mutual battery state information such as a sum of SOP of each battery module 10, and information relating to the minimum value of the battery state information such as a value obtained by multiplying the minimum value among the SOPs of the plurality of battery packs by the number of battery packs; see [0040])
Allowable Subject Matter
Claims 6-11, 17-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 September 23, 2026
