RESPONSE TO AMENDMENT
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 .
Amendments to the specification and the claims, filed 26 May 2026, have been entered in the above-identified application.
Claims 1-20 remain pending in the application.
Claims 1-8 remain withdrawn in the application.
Election/Restrictions
Applicant's election with traverse of Group II, Claims 9-20 in the reply filed on 26 May 2026 is acknowledged. The traversal is on the grounds that the Examiner does not establish the required serious search or examination burden. This is not found persuasive because, as cited in MPEP § 803 and MPEP § 808.02, “a serious search burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search.” As the two inventions were shown in a previous office action to have separate classifications (invention I, Claims 1-8, classified in H01M 10/0525, and invention II, Claims 9-20, classified in H01M 10/615), a prima facie search burden exists.
The requirement is still deemed proper and is therefore made FINAL, as previously set for the in the office action mailed 09 March 2026.
Withdrawn Objections/Rejections
The objection of claim 16 made of record in the office action mailed 9 March 2026, page 12, has been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The double patenting rejections of claims 9-20 made of record in the office action mailed 9 March 2026, pages 12-14, have been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §112b rejections of claims 9-20 made of record in the office action mailed 9 March 2026, pages 12-14, have been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §102 rejections of claims 9 and 11 as being anticipated by Hermann et. al. (US Patent Application Publication No. 2014/0227568) made of record in the office action mailed on mailed 9 March 2026, pages 14-15, have been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §103 rejections of claim 10 as unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Myers et. al. (US Patent Application Publication No. 2020/0379051), made of record in the office action mailed on mailed 9 March 2026, pages 15-16, have been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §103 rejection of claim 12 as unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Bauer et. al. (US Patent Application Publication No. 2020/0403284) made of record in the office action mailed on mailed 9 March 2026, pages 16-17, has been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §103 rejections of claims 13-14 as unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Shang et. al. (Chinese Patent Application Publication No. 112820978) made of record in the office action mailed on mailed 9 March 2026, page 17, have been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
The 35 U.S.C. §103 rejection of claim 15 as unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of King et. al. (US Patent Application Publication No. 2010/0089547) made of record in the office action mailed on mailed 9 March 2026, page 18, has been withdrawn due to Applicant’s amendment in the response filed 26 May 2026.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Zhang (Chinese Patent Application Publication No. 106058369) and Moon (US Patent Application Publication No. 2021/0057794). For prior art discussion see English translations for CN-106058369-A.
Hermann teaches a method for heating a mixed chemistry having a plurality of first battery cells having a first chemistry and a plurality of second battery cells having a second chemistry that is different than the first chemistry (abstract and [0035]). The method includes monitoring a temperature of the mixed chemistry battery ([0055] and fig. 3 ref. #302), and based on a determination that the temperature is below a minimum threshold value (threshold value), connecting a heating system to only the first battery cell to provide power to the heating system ([0057] and fig. 3 ref. #320 and #323).
Hermann does not explicitly teach based on a determination that the temperature is below a first threshold value, operating the heating system in a first mode in which only the second heating elements are configured to receive power from the first battery cell and the second battery cell.
Hermann does teach that the second battery cells (first battery group) have a first operating temperature ([0006]), and when below the operating temperatures most batteries will function poorly ([0004]). Heating a battery to its operational temperature allows for decreased internal resistance ([0048], the low temperature results in increased internal resistance). Hermann further teaches that heating up fewer components at once results in a faster overall heating process of the battery groups, due to increased heating efficiency ([0044]). Hermann also teaches that, once a battery is in its optimal working temperature range, using it to heat other batteries ([0044]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to operate the heating system in a mode in which only the second battery cells are heated, then, once a threshold temperature has been reached (the lower limit of the operating temperature range), using the heating system to heat both the first and second battery cells. One of ordinary skill in the art would have been motivated to use this mode as this would allow the battery that functions at a lower temperature range to move into the optimal temperature range faster, in turn increasing the batteries function through a decrease in internal resistance, while having increased heating efficiency.
Hermann does not explicitly teach a method of heating the second battery cells.
Zhang teaches a dual zone battery thermal management system (title). This thermal management system includes two separate batteries (big-capacity battery A and small-capacity battery B, [0006], and fig. 1, A and B). The thermal management system operates by both the first and second batteries being connected to the battery management system through the CAN bus (BMS, [0006] and [0045]). A heater is then powered using both batteries ([0011]), which can then either heat battery A, battery B, or both batteries, dependent on the battery temperature thresholds ([0058]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the configuration of the thermal management system of Zhang with the method of modified Hermann. One of ordinary skill in the art would have been motivated to use this system as a means to be able to heat both the first and second battery groups, dependent on battery threshold temperatures, to allow for optimal battery function.
Modified Hermann does not explicitly teach first heating elements disposed between the plurality of first battery cells and second heating elements disposed between the plurality of second battery cells.
Moon teaches a battery module for an electric vehicle (title). Moon also teaches the battery module includes a plurality of battery cells, with a heating element between the plurality of battery cells (abstract and fig. 2a ref. #7, #15, and #17). The heating element may be a resistive heater, which provides the advantage of allowing the space between the battery cells to be kept small ([0040]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use resistive heaters as first heating elements disposed between the plurality of first battery cells and as second heating elements disposed between the plurality of second battery cells, as taught by Moon. One of ordinary skill in the art would have been motivated to use resistive heaters to keep the space between the battery cells small.
With the above imported teachings of Hermann, Zhang, and Moon, modified Hermann teaches a method for heating a mixed chemistry battery having a plurality of first battery cells having a first chemistry, and a plurality of second battery cells having a second chemistry that is different than the first chemistry, and a heating system including first heating elements disposed between the plurality of first battery cells and second heating elements disposed between the plurality of second battery cells, the method comprising monitoring a temperature of the mixed chemistry battery, then based on a determination that the temperature is below a first threshold value, operating the heating system in a first mode in which only the second heating elements are configured to receive power from the first battery cell and the second battery cell; and, based on a determination that the temperature is at least the first threshold value, operating the heating system in a second mode in which both the first heating elements and the second heating elements are configured to receive power from the first battery cell and to the second battery cell.
Regarding Claim 11, Hermann further teaches the first battery cell is connected to the second battery cell in series ([0070] and fig. 10 ref. #1010 and #1040).
Regarding Claim 12, modified Hermann teaches the heating system includes one or more resistive heating layers disposed adjacent to the second battery cell (resistive heaters, Moon, abstract and fig. 2a ref. #7, #15, and #17).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Zhang (Chinese Patent Application Publication No. 106058369) and Moon (US Patent Application Publication No. 2021/0057794), further in view of Myers et. al. (US Patent Application Publication No. 2020/0379051). For prior art discussion see English translations for CN-106058369-A
Hermann, Zhang, and Moon are relied upon as described above.
Modified Hermann does not explicitly teach the first chemistry is nickel-manganese cobalt and the second chemistry is lithium iron phosphate.
Myers teaches an energy delivery system that combines multiple energy storage sources/systems of different chemical compositions (abstract). Myers specifically teaches a two-battery system in which the first chemistry is nickel-manganese cobalt and the second chemistry is lithium iron phosphate ([0038]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use nickel-manganese cobalt and lithium iron phosphate for the first and second batteries as taught by Myers in the mixed chemistry battery system of Hermann. One of ordinary skill in the art would have been motivated to use these two specific chemistries as the use of both allows for both the advantage of lithium iron phosphate batteries having longer life and enhanced safety characteristics, while nickel-manganese cobalt has the advantage of reduced relative cost and higher energy density resulting in smaller batteries ([0038]).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) ) in view of Zhang (Chinese Patent Application Publication No. 106058369) and Moon (US Patent Application Publication No. 2021/0057794), further in view of Shang et. al. (Chinese Patent Application Publication No. 112820978). For prior art discussion see English translations for CN-106058369-A and CN-112820978-A
Hermann, Zhang, and Moon are relied upon as described above.
Modified Hermann does not explicitly teach the heating system includes a cooling plate disposed adjacent to the first battery cell and the second battery cell, nor the cooling plate being liquid cooled and including one or more valves that are controlled by the battery monitoring system based upon the temperature of the mixed chemistry battery.
Shang teaches a battery box liquid cooling heat dissipation system (title). The liquid cooling plate is located adjacent to the battery cell ([0012]). The cooling system includes a battery monitoring system to monitor the temperature of the battery ([0018]). One or more valves that are controlled by the battery monitoring system based upon the temperature of the mixed chemistry battery ([0012] and [0014]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to include the cooling plate as taught by Shang in the battery system of Hermann. One of ordinary skill in the art would have been motivated to make this addition as a cooling plate stops the battery from overheating and reduces fire-risk ([0005]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Zhang (Chinese Patent Application Publication No. 106058369) and Moon (US Patent Application Publication No. 2021/0057794), further in view of King et. al. (US Patent Application Publication No. 2010/0089547). For prior art discussion see English translations for CN-106058369-A
Hermann, Zhang, and Moon are relied upon as described above.
Modified Hermann does not explicitly teach deactivating the heating system based on a determination that the temperature is above a maximum threshold value.
King teaches a system and method for temperature control of multi-battery systems (title). Within the method, King teaches measuring the temperature of the battery system. If the temperature is below a lower threshold temperature, then a heating system is activated. If the temperature is above a maximum threshold temperature (upper threshold), then the heating system is deactivated ([0018]-[0019]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use the step as taught by King to deactivate the heating system based on a determination that the temperature is above a maximum threshold value. One of ordinary skill in the art would have been motivated to include this step to keep the battery without the optimal working temperature range, which allows for optimal output power discharge ([0004]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Robertson et. al. (US Patent Application Publication No. 2013/0004804).
Hermann teaches a method for heating a mixed chemistry battery having a first battery cell having a first chemistry and a second battery cell having a second chemistry that is different than the first chemistry (abstract and [0035]). The method includes monitoring a temperature of the mixed chemistry battery ([0055] and fig. 3 ref. #302), then, based on a determination that the temperature is below a minimum threshold value (threshold value), connecting a heating system to only the first battery cell to provide power to the heating system ([0057] and fig. 3 ref. #320 and #323). Based on a determination that the temperature is above an intermediate threshold value (threshold value), connecting the heating system to only the second battery cell to provide power to the heating system ([0060] and fig 3 ref. #327).
Hermann also teaches monitoring a first state of charge of the first battery cell and a second state of charge of the second battery cell ([0052]). When the state of energy (derived from the state of charge) of the first and second battery cells are above a threshold value, then both the first and second battery cell are used to power the vehicle.
Herman does not explicitly teach that based on a determination that the temperature is above the intermediate threshold value and that a difference between the first state of charge and the second state of charge is less than maximum offset, connecting the heating system to the first battery cell and to the second battery cell. Herman also does not explicitly teach that, based on a determination that the difference between the first state of charge and the second state of charge is greater than the maximum offset, continuing to operate the heating system such that only the second battery cell is configured to provide power to the heating system.
Robertson teaches a method for heating a battery module with a first battery cell (first battery cell group) and second battery cell (second battery cell group). The method includes monitoring a first state of charge of the first battery cell and monitoring a second state of charge of the second battery cell. This is done by measuring the voltage level and temperature of each battery cell, and calculating the state of charge from these values ([0003]). When the difference between the first state of charge and the second state of charge is less than maximum offset (when the battery cell groups are electrically balanced), then the heating system is connected to the first battery cell and the second battery cell (claim 8).
Robertson further teaches teach that, based on a determination that the difference between the first state of charge and the second state of charge is greater than the maximum offset (when the first and second battery cells are not electrically balanced), continuing to operate the heating system such that only the second battery cell is configured to provide power to the heating system ([0003], only one of the first or second battery cells is selected to be discharged if the first and second battery cells are not electrically balanced).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use the determination of being within a maximum offset in the state of charges for the first and second battery cells to connect both the first and second battery cells to the heating system, or only selecting the second battery cell if the first battery cell and second battery cell are not within a maximum offset in the state of charge, as taught by Robertson in the method of Herman. One of ordinary skill in the art would have been motivated to include this step as this allows for the electrical balance of the first and second battery cells to be maintained ([0007]), in turn ensuring neither battery cell is reduced to a state of charge that is detrimental to the function of the battery cell.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Robertson et. al. (US Patent Application Publication No. 2013/0004804) further in view of King et. al. (US Patent Application Publication No. 2010/0089547).
Hermann and Robertson are relied upon as described above.
Hermann and Robertson do not explicitly teach deactivating the heating system based on a determination that the temperature is above a maximum threshold value.
King teaches a system and method for temperature control of multi-battery systems (title). Within the method, King teaches measuring the temperature of the battery system. If the temperature is below a lower threshold temperature, then a heating system is activated. If the temperature is above a maximum threshold temperature (upper threshold), then the heating system is deactivated ([0018]-[0019]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use the step as taught by King to deactivate the heating system based on a determination that the temperature is above a maximum threshold value. One of ordinary skill in the art would have been motivated to include this step to keep the battery without the optimal working temperature range, which allows for optimal output power discharge ([0004]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Robertson et. al. (US Patent Application Publication No. 2013/0004804) further in view of Myers et. al. (US Patent Application Publication No. 2020/0379051).
Hermann and Robertson are relied upon as described above.
Hermann and Robertson do not explicitly teach the first chemistry is nickel-manganese cobalt and the second chemistry is lithium iron phosphate.
Myers teaches an energy delivery system that combines multiple energy storage sources/systems of different chemical compositions (abstract). Myers specifically teaches a two-battery system in which the first chemistry is nickel-manganese cobalt and the second chemistry is lithium iron phosphate ([0038]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use nickel-manganese cobalt and lithium iron phosphate for the first and second batteries as taught by Myers in the mixed chemistry battery system of Hermann. One of ordinary skill in the art would have been motivated to use these two specific chemistries as the use of both allows for both the advantage of lithium iron phosphate batteries having longer life and enhanced safety characteristics, while nickel-manganese cobalt has the advantage of reduced relative cost and higher energy density resulting in smaller batteries ([0038]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Robertson et. al. (US Patent Application Publication No. 2013/0004804) further in view of Bauer et. al. (US Patent Application Publication No. 2020/0403284)
Hermann and Robertson are relied upon as described above.
Hermann and Robertson do not explicitly teach the heating system includes one or more resistive heating layers disposed adjacent to the second battery cell.
Bauer teaches a heating device for a prismatic battery cell of a high-voltage battery of a motor vehicle (title). The heating device includes one or more resistive heating layers ([0010]) disposed adjacent to the battery cell (abstract).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to use the resistive heating layers as taught by Bauer in place of the heating system of Hermann. One of ordinary skill in the art would have been motivated to make this change as the eating elements can be integrated into the battery modules in a particularly simple way and without high costs ([0004]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann et. al. (US Patent Application Publication No. 2014/0227568) in view of Robertson et. al. (US Patent Application Publication No. 2013/0004804) further in view of Shang et. al. (Chinese Patent Application Publication No. 112820978). For prior art discussion see English translation for CN-112820978-A
Hermann and Robertson are relied upon as described above.
Hermann and Robertson do not explicitly teach the heating system includes a cooling plate disposed adjacent to the first battery cell and the second battery cell, nor the cooling plate being liquid cooled and including one or more valves that are controlled by the battery monitoring system based upon the temperature of the mixed chemistry battery.
Shang teaches a battery box liquid cooling heat dissipation system (title). The liquid cooling plate is located adjacent to the battery cell ([0012]). The cooling system includes a battery monitoring system to monitor the temperature of the battery ([0018]). One or more valves that are controlled by the battery monitoring system based upon the temperature of the mixed chemistry battery ([0012] and [0014]).
It would have been obvious to one of ordinary skill in the art, as of the effective filing date, to include the cooling plate as taught by Shang in the battery system of Hermann. One of ordinary skill in the art would have been motivated to make this addition as a cooling plate stops the battery from overheating and reduces fire-risk ([0005]).
Response to Arguments
Applicant’s arguments in the response filed on 26 May 2026 regarding the 35 U.S.C. §112b rejections of record have been considered but are moot since the rejection has been withdrawn.
Applicant’s arguments in the response filed on 26 May 2026 regarding the 35 U.S.C. §102 of claims 9 and 11 of record have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 26 May 2026 regarding the 35 U.S.C. §103 of claims 10 and 12-15 of record have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 26 May 2026 regarding the 35 U.S.C. §103 of claims 16-20 of record have been considered but have not been found persuasive.
Applicant argues that the applied combination of Hermann and Robertson do not teach the newly added limitation “based on a determination that the difference between the first state of charge and the second state of charge is greater than the maximum offset, continue to operate the heating system such that only the second battery cell is configured to provide power to the heating system.” To this argument the Examiner respectfully disagrees. Robertson teaches that, based on a determination that the difference between the first state of charge and the second state of charge is greater than the maximum offset, continuing to operate the heating system such that only the second battery cell is configured to provide power to the heating system ([0003], only one of the first or second battery cells is selected to be discharged if the first and second battery cells are not electrically balanced). As this is inclusive of only using the second battery cells, Robertson does teach the newly added limitation and the rejection is maintained.
Applicant further argues that the 35 U.S.C. §103 rejections of claims 17-20 should be withdrawn as the claims are all dependent upon claim 16, and none of the further cited prior art teach the newly added limitation. As Robertson does teach the newly added limitation (see above), the rejections are maintained.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Myles Alan Lovasz whose telephone number is (571)272-0214. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 pm.
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 08/03/2026
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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