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 with traverse of claims 9-20 in the reply filed on 29 January 2026 is acknowledged. The traversal is on the ground(s) that share substantial overlapping limitations that would be expected to require a materially overlapping search. This is not found persuasive because each invention requires a substantially non-overlapping burdensome search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 29 January 2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show:
“Referring now to FIGS. 3A and 3B, graphs 300, 310 illustrating the relationship between the voltage of a lithium-ion battery module and the state of charge of lithium-ion battery modules at different temperatures are shown. Graph 300 illustrates the relationship between the voltage of a lithium-ion battery module and the state of charge of the lithium-ion battery module at twenty degrees Celsius (C) when the battery module has a range of load currents from zero to two-hundred amperes (A)” Instant [0043], Figs. 3A-B however do not have such information labelled; similar remarks apply to Instant Figs. 4A-C (Instant [0044-0046]), Figs. 5A-B (Instant [0049]), which do not have the graphs labelled, as described in the specification.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 9 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Wang CN113415210A (using machine English translation provided).
Regarding claim 9, Cornelli discloses a vehicle (Cornelli, Fig. 1, vehicle 60) comprising:
a mixed chemistry battery (Cornelli, [0035]]) having a first battery module and a second battery module (Cornelli, Fig. 2, modules 100a, 100n),
a temperature sensor (Cornelli, [0052], a thermistor or a thermocouple),
and a controller (Cornelli, Figs. 1 and 3, controller 66, bus 68, circuit 124) configured to: monitor, via the temperature sensor, a temperature of the first battery module (Cornelli, [0052]),
monitor a first state-of-charge (SoC) of the first battery module, monitor a second SoC of the second battery module (Cornelli, [0056-0060]).
Cornelli however does not disclose a battery heating system configured to selectively heat one or more of the first battery module and the second battery module, the controller configured to activate the heating system based on a determination that the temperature of the first battery module is below a minimum threshold value, calculate a minimum set-point temperature for the first battery module based on the first SoC, the second SoC, and a maximum current load of the first battery module, and instruct the battery heating system to provide a portion of a total available heating power of the battery heating system to the first battery module and a remainder of the total available heating power of the heating system to the second battery module, wherein the portion is determined based at least in part on a difference between the temperature of the first battery module and the minimum set-point temperature for the first battery module.
Wang teaches a battery heating system configured to selectively heat one or more of the first battery module and the second battery module (Wang, [0016]), the controller configured to activate the heating system based on a determination that the temperature of the first battery module is below a minimum threshold value (Wang, [0004]),
calculate a minimum set-point temperature for the first battery module (Wang, [0089]) based on the first SoC, the second SoC, and a maximum current load of the first battery module (Wang, [0097], “The upper discharge limit temperature and the lower discharge limit temperature are determined by the technical parameters of the battery”), which the skilled artisan would understand includes the technical parameters such as SoC, maximum current load,
and instruct the battery heating system to provide a portion of a total available heating power of the battery heating system to the first battery module and a remainder of the total available heating power of the heating system to the second battery module (Wang, [0118]; 100% goes to heating the first battery module, the rest goes to hearing the second battery module),
wherein the portion is determined based at least in part on a difference between the temperature of the first battery module and the minimum set-point temperature for the first battery module (Wang, [0095-0096]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the controller of Wang to Cornelli thereby improving the overall performance of the battery (Wang, [0133]).
Regarding claim 12, modified Cornelli also teaches wherein the first battery module has a first chemistry and the second battery module has a second chemistry, that is different than the first chemistry (Cornelli, [0067]).
Regarding claim 13, modified Cornelli additionally teaches wherein the first chemistry has a greater energy density than the second chemistry (Cornelli, [0034], “different performance characteristics that affect energy storage capacity”).
Regarding claim 16, Cornelli as modified above by Wang does not teach wherein the controller is further configured to deactivate the heating system based on a determination that the temperature of the first battery module has reached a maximum threshold value.
Wang teaches wherein the controller is further configured to deactivate the heating system based on a determination that the temperature of the first battery module has reached a maximum threshold value (Wang, [0106]). Therefore it would be obvious to the skilled artisan to add the deactivating the heating system of Wang to modified Cornelli thereby improving the performance of the battery (Wang, [0066]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Wang CN113415210A (using machine English translation provided) and further in view of Nolte US20230155395A1.
Regarding claim 10, modified Cornelli does not teach wherein the first battery module is connected to the second battery module in parallel by a direct current (DC)/DC converter.
Nolte teaches wherein the first battery module is connected to the second battery module in parallel by a direct current (DC)/DC converter (Nolte, Fig. 7, packs 20-1,…, 20-4, DC/DC converter 58). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the DC/DC converter of Nolte to modified Cornelli thereby receiving an input of a direct current of electrical power at one voltage and outputting a direct current of electrical power at another voltage (Nolte, [0052]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Wang CN113415210A (using machine English translation provided) and further in view of Grace US20180118011A1.
Regarding claim 11, modified Cornelli does not teach wherein the portion of the total available heating power provided to the first battery module dynamically changes based on monitored changes to the first SoC.
Grace teaches wherein the portion of the total available heating power provided to the first battery module dynamically changes based on monitored changes to the first SoC (Grace, [0036]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the controller of Grace to modified Cornelli, thereby safely decreasing the SOC (Grace, [0036]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Wang CN113415210A (using machine English translation provided) and further in view of Rea US20210175729A1.
Regarding claim 14, modified Cornelli does not teach wherein the maximum current load of the first battery module is determined based on a first chemistry of the first battery module and a configuration of the first battery module.
Rea teaches wherein the maximum current load of the first battery module is determined based on a first chemistry of the first battery module and a configuration of the first battery module (Rea, [0048]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the maximum current load determination of Rea to modified Cornelli, thereby supplying power to the load (Rea, [0048]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Wang CN113415210A (using machine English translation provided) and further in view of Fan US20210190867A1.
Regarding claim 15, modified Cornelli further teaches wherein the controller is further configured to: calculate a minimum set-point SoC of the first battery module (Cornelli, [0043]), wherein the mixed chemistry battery is configured to provide power to a load from the first battery module (Cornelli, [0048]), and is configured to provide power to the load from the second battery module based on a determination that the first SoC is has reached the minimum set-point SoC (Cornelli, [0043]). Modified Cornelli does not teach wherein the controller is further configured to: calculate the minimum set-point SoC of the first battery module based on the first SoC, the temperature, and the maximum current load of the first battery module.
Fan teaches wherein the controller is further configured to: calculate a minimum set-point SoC of the first battery module based on the first SoC, the temperature, and the maximum current load of the first battery module (Fan, Fig. 4, element 408). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the calculation of Fan to modified Cornelli thereby controlling an electrification process (Fan, [0008]).
Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Nolte US20230155395A1 and further in view of Wang CN113415210A (using machine English translation provided).
Regarding claim 17, Cornelli discloses a vehicle (Cornelli, Fig. 1, vehicle 60) comprising:
a mixed chemistry battery (Cornelli, [0035]]) having a first battery module and a second battery module (Cornelli, Fig. 2, modules 100a, 100n),
wherein a first chemistry of the first battery module has a greater energy density than a second chemistry of the second battery module (Cornelli, [0034], “different performance characteristics that affect energy storage capacity”),
a temperature sensor (Cornelli, [0052], a thermistor or a thermocouple),
and a controller (Cornelli, Figs. 1 and 3, controller 66, bus 68, circuit 124) configured to: monitor, via the temperature sensor, a temperature of the first battery module (Cornelli, [0052]),
monitor a first state-of-charge (SoC) of the first battery module, monitor a second SoC of the second battery module (Cornelli, [0056-0060]).
Cornelli however does not disclose a direct current (DC)/DC converter connected to both the first battery module and the second battery module, a battery heating system configured to selectively heat one or more of the first battery module and the second battery module, and a controller configured to: activate the heating system based on a determination that the temperature of the first battery module is below a minimum threshold value, calculate a minimum set-point temperature for the first battery module based on the first SoC, the second SoC, and a maximum current load of the first battery module, and instruct the battery heating system to provide a portion of a total available heating power of the battery heating system to the first battery module and a remainder of the total available heating power of the heating system to the second battery module, wherein the portion is determined based at least in part on a difference between the temperature of the first battery module and the minimum set-point temperature for the first battery module.
Nolte teaches wherein a direct current (DC)/DC converter connected to both the first battery module and the second battery module (Nolte, Fig. 7, packs 20-1,…, 20-4, DC/DC converter 58). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the DC/DC converter of Nolte to Cornelli thereby receiving an input of a direct current of electrical power at one voltage and outputting a direct current of electrical power at another voltage (Nolte, [0052]). Cornelli as modified by Nolte does not teach a battery heating system configured to selectively heat one or more of the first battery module and the second battery module, and a controller configured to: activate the heating system based on a determination that the temperature of the first battery module is below a minimum threshold value, calculate a minimum set-point temperature for the first battery module based on the first SoC, the second SoC, and a maximum current load of the first battery module, and instruct the battery heating system to provide a portion of a total available heating power of the battery heating system to the first battery module and a remainder of the total available heating power of the heating system to the second battery module, wherein the portion is determined based at least in part on a difference between the temperature of the first battery module and the minimum set-point temperature for the first battery module.
Wang teaches a battery heating system configured to selectively heat one or more of the first battery module and the second battery module (Wang, [0016]), the controller configured to activate the heating system based on a determination that the temperature of the first battery module is below a minimum threshold value (Wang, [0004]),
calculate a minimum set-point temperature for the first battery module (Wang, [0089]) based on the first SoC, the second SoC, and a maximum current load of the first battery module (Wang, [0097], “The upper discharge limit temperature and the lower discharge limit temperature are determined by the technical parameters of the battery”), which the skilled artisan would understand includes the technical parameters such as SoC, maximum current load,
and instruct the battery heating system to provide a portion of a total available heating power of the battery heating system to the first battery module and a remainder of the total available heating power of the heating system to the second battery module (Wang, [0118]; 100% goes to heating the first battery module, the rest goes to hearing the second battery module),
wherein the portion is determined based at least in part on a difference between the temperature of the first battery module and the minimum set-point temperature for the first battery module (Wang, [0095-0096]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the controller of Wang to Cornelli thereby improving the overall performance of the battery (Wang, [0133]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the controller of Wang to Cornelli as modified by Nolte, thereby improving the overall performance of the battery (Wang, [0133]).
Regarding claim 19, Cornelli as modified above by Nolte and Wang does not teach wherein the controller is further configured to deactivate the heating system based on a determination that the temperature of the first battery module has reached a maximum threshold value.
Wang teaches wherein the controller is further configured to deactivate the heating system based on a determination that the temperature of the first battery module has reached a maximum threshold value (Wang, [0106]). Therefore it would be obvious to the skilled artisan to add the deactivating the heating system of Wang to modified Cornelli thereby improving the performance of the battery (Wang, [0066]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Nolte US20230155395A1 and Wang CN113415210A (using machine English translation provided) and further in view of Fan US20210190867A1.
Regarding claim 18, modified Cornelli further teaches wherein the controller is further configured to: calculate a minimum set-point SoC of the first battery module (Cornelli, [0043]), wherein the mixed chemistry battery is configured to provide power to a load from the first battery module (Cornelli, [0048]), and is configured to provide power to the load from the second battery module based on a determination that the first SoC is has reached the minimum set-point SoC (Cornelli, [0043]). Modified Cornelli does not teach wherein the controller is further configured to: calculate the minimum set-point SoC of the first battery module based on the first SoC, the temperature, and the maximum current load of the first battery module.
Fan teaches wherein the controller is further configured to: calculate a minimum set-point SoC of the first battery module based on the first SoC, the temperature, and the maximum current load of the first battery module (Fan, Fig. 4, element 408). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the calculation of Fan to modified Cornelli thereby controlling an electrification process (Fan, [0008]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornelli US20210043894A1 in view of Nolte US20230155395A1 and Wang CN113415210A (using machine English translation provided) and further in view of Rea US20210175729A1.
Regarding claim 20, modified Cornelli does not teach wherein the maximum current load of the first battery module is determined based on a first chemistry of the first battery module and a configuration of the first battery module.
Rea teaches wherein the maximum current load of the first battery module is determined based on a first chemistry of the first battery module and a configuration of the first battery module (Rea, [0048]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the maximum current load determination of Rea to modified Cornelli, thereby supplying power to the load (Rea, [0048]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bell US20110236731A1 (discloses a thermal management system for battery modules and controlling the heating and cooling based on various battery parameters such as state of operation, temperature and is modified to optimize operation),
Aurand DE102020005528A1 (discloses a heating system for a vehicle battery which determines the heating based on the module(s) temperature, SoC and operating parameters),
Liu US20220399607A1 (discloses a mixed chemistry battery vehicle).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Prosecution Insights