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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-7 and 16-20 in the reply filed on 19 December 2025 is acknowledged.
Claims 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected system for temperature control in a battery system, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 December 2025.
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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitation “wherein the temperature control system is configured to be powered by the auxiliary battery, the main storage battery, and the one or more external power sources”, and claim 1, upon which claim 2 depends, also recites “wherein the temperature control system is configured to receive power from one or more of an auxiliary battery” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. In order to advance prosecution, the examiner is interpreting the limitation in claim 2 as “wherein the temperature control system is configured to be powered by the auxiliary battery”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hammoud US20160288659A1 (corresponding to US9969293B2 cited in IDS filed 30 May 2023).
Regarding claim 16, Hammoud discloses a method of thermally managing a battery system of a mobile machine (Hammoud, [0030]), the method comprising:
enabling a sleep mode (Hammond, [0030], OFF conditions) using a sleep mode enabling selection (Hammond, [0048]),
the sleep mode causing the battery system to maintain a capability to control a temperature of a main storage battery of the battery system with a temperature control system while operation of the mobile machine is deenergized (Hammoud, [0030], “a battery thermal management system configured to thermally manage the battery assembly during…vehicle OFF conditions”),
monitoring a battery temperature of the main storage battery using the temperature control system (Hammoud, [0058]), wherein the temperature control system is configured to operate between 0 to 45 degrees Celsius (Hammoud, [0058], approximately 25 to 30°C)
activating an externally powered thermal battery management mode when connected to external power sources (Hammoud, [0047]), to heat or cool the main storage battery based on the battery temperature of the main storage battery as determined by the temperature control system (Hammoud, [0058]), to charge the main storage battery (Hammoud, [0059]),
and activating an internally powered thermal battery management mode when not connected to external power sources (Hammoud, [0047]), to heat or cool the main storage battery based on the battery temperature of the main storage battery (Hammoud, [0058]), the internally powered battery management mode (Hammoud, [0047], “Off-Plug”) being different than the externally powered battery management mode (Hammoud, [0047], “On-Plug”).
Regarding claim 17, modified Hammoud additionally teaches wherein the sleep mode is enabled by a user of the machine using a user interface (Hammoud, [0030], [0048]), it is understood by the skilled artisan wherein vehicle OFF [sleep mode] conditions (i.e. vehicle is not running, is in storage, etc.) are performed via a user interface.
Claim Rejections - 35 USC § 103
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) 1-7 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammoud US20160288659A1 (corresponding to US9969293B2 cited in IDS filed 30 May 2023) in view of Zhang CN111976544A (using machine English translation provided).
Regarding claim 1, Hammoud discloses a method of thermally managing a battery system of a mobile machine (Hammoud, [0030]), the method comprising:
enabling a sleep mode (Hammond, [0030], OFF conditions),
the sleep mode causing the battery system to maintain a capability to control a temperature of a main storage battery of the battery system with a temperature control system while the machine is not in operation (Hammoud, [0030], “a battery thermal management system configured to thermally manage the battery assembly during…vehicle OFF conditions”),
monitoring a battery temperature of the main storage battery using the temperature control system (Hammoud, [0058]), wherein the temperature control system is configured to receive power from one or more of a battery (Hammoud, [0058]),
activating an externally powered battery management mode when connected to one or more external power sources (Hammoud, [0047]), to heat or cool the main storage battery based on the battery temperature of the main storage battery as determined by the temperature control system (Hammoud, [0058]), to charge the main storage battery (Hammoud, [0059]),
and activating an internally powered thermal battery management mode when isolated from external power sources (Hammoud, [0047]), to heat or cool the main storage battery based on the battery temperature of the main storage battery (Hammoud, [0058]), the internally powered battery management mode (Hammoud, [0047], “Off-Plug”) being different than the externally powered battery management mode (Hammoud, [0047], “On-Plug”). Hammoud does not teach wherein the temperature control system is configured to receive power from one or more of an auxiliary battery.
Zhang teaches wherein the temperature control system is configured to receive power from one or more of an auxiliary battery (Zhang, [0014-0016]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the auxiliary battery of Zhang to the system of Hammoud, thereby the thermal management system continues to operate when a sleep signal is received (Zhang, [0014]).
Regarding claim 2, modified Hammoud also teaches wherein the temperature control system is configured to be powered by the auxiliary battery (Zhang, [0014-0016]).
Regarding claim 3, modified Hammoud additionally teaches wherein the sleep mode is enabled by a user of the machine using a user interface (Hammoud, [0030], [0048]), it is understood by the skilled artisan wherein vehicle OFF [sleep mode] conditions (i.e. vehicle is not running, is in storage, etc.) are performed via a user interface.
Regarding claim 4, modified Hammoud does not teach wherein the internally powered battery management mode further includes powering the monitoring of the battery temperature with an auxiliary battery.
Zhang teaches wherein the internally powered battery management mode further includes powering the monitoring of the battery temperature with an auxiliary battery (Zhang, [0014-0016]). Therefore it would be obvious to modify the mode of modified Hammoud with the mode of Zhang, thereby the thermal management system continues to operate when a sleep signal is received (Zhang, [0014]).
Regarding claim 5, modified Hammoud further teaches wherein the internally powered battery management mode further includes powering the temperature control system with the main storage battery (Hammoud, [0058]).
Regarding claim 6, modified Hammoud also teaches wherein the externally powered thermal management mode includes one or more external power sources charging the main battery (Hammoud, [0038]) but does not teach wherein the externally powered thermal management mode includes the auxiliary battery being charged by the one or more external power sources or by the main storage battery.
Zhang teaches the auxiliary battery being charged by the main storage battery (Zhang, [0051]). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the externally powered thermal management mode of modified Hammoud with the charging of Zhang, thereby storing electrical energy (Zhang, [0051]).
Regarding claim 7, modified Hammoud additionally teaches wherein the auxiliary battery is configured to power the temperature control system (Zhang, [0014-0016]).
Regarding claim 18, Hammoud does not disclose wherein the internally powered battery management mode further includes powering the monitoring of the battery temperature with an auxiliary battery.
Zhang teaches wherein the internally powered battery management mode further includes powering the monitoring of the battery temperature with an auxiliary battery (Zhang, [0014-0016]). Therefore it would be obvious to modify the mode of modified Hammoud with the mode of Zhang, thereby the thermal management system continues to operate when a sleep signal is received (Zhang, [0014]).
Regarding claim 19, modified Hammoud further teaches wherein the internally powered battery management mode further includes at least partially powering the temperature control system with the main storage battery (Hammoud, [0058]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammoud US20160288659A1 (corresponding to US9969293B2 cited in IDS filed 30 May 2023) in view of Shimauchi US20220314730A1.
Regarding claim 20, Hammoud teaches all of the claim limitations as set forth above but does not teach wherein the main storage battery is a Li-ion battery and the auxiliary battery is a lead acid battery.
Shimauchi teaches an auxiliary battery which is a lead acid battery (Shimauchi, [0026], lead storage battery) the main storage battery is a Li-ion battery (Shimauchi, [0017]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the main storage battery and auxiliary battery of Shimauchi to Hammoud, thereby an output voltage of the main battery is higher than an output voltage of the auxiliary battery (Shimauchi, [0017]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhu CN108501745B (discloses a thermal management system that operates while the machine is in a sleep mode).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723