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 .
Claim Status
Claims 1-19 are pending. Claims 1, 6-7, and 11 are amended. Claims 2-5, 8-10, and 12-14 are original. Claims 15-19 are new.
Response to Arguments
Applicant's arguments filed 6/23/2026 with respect to the objections to the drawings have been fully considered but they are not persuasive. In response to arguments on page 6 of the remarks, Figure 2 merely shows “CALCULATE STATISTICS”. The figures do not show the “central tendency statistic” of claim 1, and also do not show the recitations of claims 4-5. The objection to the drawings is therefore maintained.
Applicant’s arguments, see pages 7-9 of remarks, filed 6/23/2026, with respect to the rejection(s) of claim(s) 1-4, 6-8, and 10 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found reference SAKAI (JP2002247777A). This rejection is made non-final in order to present the new grounds of rejection.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “central tendency statistic” of claim 1, and the recitations of claims 4-5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SAKAI (JP2002-247777A; English Machine translation is included with office action).
Regarding claim 1, SAKAI discloses a method (¶ 0004: The object of the present invention is to provide a charging control device that reduces voltage variations between cells even when left unused for a long period of time), comprising:
calculating at least a central tendency statistic (¶ 0021: the battery controller B/C calculates the average voltage value of all cells based on the detected voltage value of each cell and proceeds to step S11) and a variability statistic describing a set of battery cell voltages for a set of battery cells (¶ 0022: the battery controller B/C calculates the standard deviation of the cell voltage values based on the individual cell voltage values and the average voltage value, and proceeds to step S12); and
while the variability statistic is greater than a predefined threshold (¶ 0022: If the standard deviation exceeds 0.002(V), step S12 is denied and the process proceeds to step S13) and each of the set of battery cell voltages is greater than a stop voltage (not defined or described in the claim; e.g., the stop voltage could be the average voltage; ¶ 0014: capacitance adjustment circuit is a circuit that suppresses variations in the charge state of cells C1 to C8 by discharging the affected cells when variations occur in their charge state, thereby bringing them to a predetermined state (for example, average voltage); a “stop voltage” is implied in ¶ 0023: In step S13, the battery controller B/C sets the charging current to 0 (A) and outputs a control signal to the cell controller to which cells with large variations in average voltage values are connected, causing the transistor of the capacitance adjustment circuit corresponding to those cells to be turned on. This adjusts the capacity of the cell in question. The battery controller B/C calculates the time to turn on the transistor according to the variation, and a control signal related to the on-time is output from the battery controller B/C to the cell controller), draining ones or groups of the set of battery cells according to a predefined set of priority rules (¶ 0023: cells with large variations in average voltage values are connected) until the variability statistic is less than or equal to the predefined threshold (¶ 0023: After adjusting the capacity, the battery controller B/C returns to step S9 and repeats the process from step S9 to step S13 until the standard deviation falls below a predetermined value) or any one of the set of battery cells has a cell voltage less than or equal to the stop voltage (this limitation is recited in the alternative, and SAKAI discloses the other alternative, and the relevant portions of paragraphs 0014, 0023 above also read on discharging a battery cell to a stop voltage).
Regarding claim 2, SAKAI discloses said calculating and said draining are performed automatically by a battery management system associated with a battery pack containing the set of battery cells (¶ 0024).
Regarding claim 3, SAKAI discloses measuring the set of battery cell voltages repeatedly and automatically at a defined interval, independently of said calculating and said draining (¶ 0013-0020).
Regarding claim 4, SAKAI discloses the central tendency statistic comprises a mean of the set of battery cell voltages, and the variability statistic comprises a standard deviation of the set of battery cell voltages (¶ 0021-0022).
Regarding claim 5, SAKAI discloses the stop voltage comprises the mean of the set of battery cell voltages (¶ 0014, 0023).
Regarding claim 6, SAKAI discloses a battery management system (¶ 0004: The object of the present invention is to provide a charging control device that reduces voltage variations between cells even when left unused for a long period of time), comprising at least one controller (B/C, Fig. 1; ¶ 0010: Cell controllers C/C1 to C/C5 are managed by battery controller B/C via this communication interface circuit. The battery controller B/C communicates with each cell controller C/C1 to C/C5 via a communication interface circuit, controlling each cell controller C/C1 to C/C5, while also receiving battery information from each cell controller C/C1 to C/C5) adapted to:
measure a set of battery cell voltages from a battery pack (¶ 0008: an example of using the battery pack as a drive battery (power source) for an electric vehicle is described, but the invention is not limited to this. Figure 1 is an overall diagram of the drive electrical system of an electric vehicle according to one embodiment of the present invention. In Figure 1, 40 cells C1 to C40 are connected in series to form a battery pack; ¶ 0010-0011: battery controller B/C communicates with each cell controller C/C1 to C/C5 via a communication interface circuit, controlling each cell controller C/C1 to C/C5, while also receiving battery information from each cell controller C/C1 to C/C5. The battery information consists of the voltage values of each cell detected by voltage detection circuits (not shown) within each cell controller C/C1 to C/C5 when cell voltage is detected);
calculate at least a central tendency statistic (¶ 0021: the battery controller B/C calculates the average voltage value of all cells based on the detected voltage value of each cell and proceeds to step S11) and a variability statistic describing the set of battery cell voltages (¶ 0022: the battery controller B/C calculates the standard deviation of the cell voltage values based on the individual cell voltage values and the average voltage value, and proceeds to step S12); and
while the variability statistic is greater than a predefined threshold (¶ 0022: If the standard deviation exceeds 0.002(V), step S12 is denied and the process proceeds to step S13) and each of the set of battery cell voltages is greater than a stop voltage (not defined or described in the claim; e.g., the stop voltage could be the average voltage; ¶ 0014: capacitance adjustment circuit is a circuit that suppresses variations in the charge state of cells C1 to C8 by discharging the affected cells when variations occur in their charge state, thereby bringing them to a predetermined state (for example, average voltage); a “stop voltage” is implied in ¶ 0023: In step S13, the battery controller B/C sets the charging current to 0 (A) and outputs a control signal to the cell controller to which cells with large variations in average voltage values are connected, causing the transistor of the capacitance adjustment circuit corresponding to those cells to be turned on. This adjusts the capacity of the cell in question. The battery controller B/C calculates the time to turn on the transistor according to the variation, and a control signal related to the on-time is output from the battery controller B/C to the cell controller), drain ones or groups of a set of battery cells according to a predefined set of priority rules (¶ 0023: cells with large variations in average voltage values are connected) until the variability statistic is less than or equal to the predefined threshold (¶ 0023: After adjusting the capacity, the battery controller B/C returns to step S9 and repeats the process from step S9 to step S13 until the standard deviation falls below a predetermined value) or any one of the set of battery cells has a cell voltage less than or equal to a stop voltage (this limitation is recited in the alternative, and SAKAI discloses the other alternative, and the relevant portions of paragraphs 0014, 0023 above also read on discharging a battery cell to a stop voltage).
Regarding claim 7, SAKAI discloses said calculating and said draining are performed automatically by the battery management system associated with the battery pack containing the set of battery cells (¶ 0024).
Regarding claim 8, SAKAI discloses the central tendency statistic comprises a mean of the set of battery cell voltages, and the variability statistic comprises a standard deviation of the set of battery cell voltages (¶ 0021-0022).
Regarding claim 9, SAKAI discloses the stop voltage comprises the mean of the set of battery cell voltages (¶ 0014, 0023).
Regarding claim 10, SAKAI discloses the controller measures the set of battery cell voltages at a regular, independent interval (¶ 0013-0020).
Regarding claim 11, SAKAI discloses a system (¶ 0004: The object of the present invention is to provide a charging control device that reduces voltage variations between cells even when left unused for a long period of time), comprising:
a battery pack including a set of battery cells (¶ 0008: an example of using the battery pack as a drive battery (power source) for an electric vehicle is described, but the invention is not limited to this. Figure 1 is an overall diagram of the drive electrical system of an electric vehicle according to one embodiment of the present invention. In Figure 1, 40 cells C1 to C40 are connected in series to form a battery pack), the set of battery cells connected together and adapted to produce a collective power (¶ 0008: battery pack as a drive battery (power source) for an electric vehicle), ones of the set of battery cells having power connections to receive and to discharge power individually or in groups (as shown in Figs. 1-2, the entire battery pack has power connections, and each of the cells also has power connections), and a set of monitoring terminals (the monitoring terminals are shown with arrows in Figure 2, which connect the individual cells C1-C8 to the “cell controller” C/C1);
one or more switching elements (Iv, Cgr, Fig. 1; TR, Fig. 2) connected to the power connections so as to direct power input to and output from the set of battery cells (¶ 0012: Controller Cr controls the inverter Iv; ¶ 0013: When the battery controller B/C detects the connection of the charger Cgr, it sends a control signal to the charger Cgr to supply a predetermined charging current from the charger Cgr to the battery pack; ¶ 0014: Transistors TR1 to TR8 are turned on by the ON signal sent from cell controller C/C1, respectively, and turned off by the OFF signal sent from C/C1);
a controller (B/C, Cr, Fig. 1) connected to the set of monitoring terminals and to the one or more switching elements (¶ 0010: Cell controllers C/C1 to C/C5 are managed by battery controller B/C via this communication interface circuit. The battery controller B/C communicates with each cell controller C/C1 to C/C5 via a communication interface circuit, controlling each cell controller C/C1 to C/C5, while also receiving battery information from each cell controller C/C1 to C/C5), the controller adapted to
calculate at least a central tendency statistic (¶ 0021: the battery controller B/C calculates the average voltage value of all cells based on the detected voltage value of each cell and proceeds to step S11) and a variability statistic describing a set of battery cell voltages for the set of battery cells (¶ 0022: the battery controller B/C calculates the standard deviation of the cell voltage values based on the individual cell voltage values and the average voltage value, and proceeds to step S12), and
while the variability statistic is greater than a predefined threshold (¶ 0022: If the standard deviation exceeds 0.002(V), step S12 is denied and the process proceeds to step S13) and each of the set of battery cell voltages is greater than a stop voltage (not defined or described in the claim; e.g., the stop voltage could be the average voltage; ¶ 0014: capacitance adjustment circuit is a circuit that suppresses variations in the charge state of cells C1 to C8 by discharging the affected cells when variations occur in their charge state, thereby bringing them to a predetermined state (for example, average voltage); a “stop voltage” is implied in ¶ 0023: In step S13, the battery controller B/C sets the charging current to 0 (A) and outputs a control signal to the cell controller to which cells with large variations in average voltage values are connected, causing the transistor of the capacitance adjustment circuit corresponding to those cells to be turned on. This adjusts the capacity of the cell in question. The battery controller B/C calculates the time to turn on the transistor according to the variation, and a control signal related to the on-time is output from the battery controller B/C to the cell controller), drain ones or groups of the set of battery cells according to a predefined set of priority rules (¶ 0023: cells with large variations in average voltage values are connected) until the variability statistic is less than or equal to the predefined threshold (¶ 0023: After adjusting the capacity, the battery controller B/C returns to step S9 and repeats the process from step S9 to step S13 until the standard deviation falls below a predetermined value) or any one of the set of battery cells has a cell voltage less than or equal to the stop voltage (this limitation is recited in the alternative, and SAKAI discloses the other alternative, and the relevant portions of paragraphs 0014, 0023 above also read on discharging a battery cell to a stop voltage).
Regarding claim 12, SAKAI discloses the controller measures the set of battery cell voltages repeatedly and automatically at a defined interval, independently of said calculating and said draining (¶ 0013-0020).
Regarding claim 13, SAKAI discloses the central tendency statistic comprises a mean of the set of battery cell voltages, and the variability statistic comprises a standard deviation of the set of battery cell voltages (¶ 0021-0022).
Regarding claim 14, SAKAI discloses the stop voltage comprises the mean of the set of battery cell voltages (¶ 0014, 0023)
Regarding claim 15, SAKAI discloses the wherein the predefined set of priority rules comprises draining cells or groups from the set of battery cells in an order of decreasing magnitude of deviation of each cell voltage from the central tendency statistic (¶ 0023, 0031).
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) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAKAI as applied to claims 1-15 above, and further in view of PARK (KR101601713B1; English machine translation is included with office action) and CARRIER (Pub. No.: US 2006/0071643 A1).
Regarding claim 16, SAKAI discloses the method as applied to claim 4, but fails to disclose the predefined set of priority rules comprises: a first priority rule assigning highest draining priority to any cell of the set of battery cells having a maximum cell voltage among the set of battery cells; [and] a second priority rule assigning next-highest draining priority to any cell of the set of battery cells having a cell voltage greater than a sum of the mean and the standard deviation.
PARK discloses the predefined set of priority rules comprises: a first priority rule assigning highest draining priority to any cell of the set of battery cells having a maximum cell voltage among the set of battery cells; [and] a second priority rule assigning next-highest draining priority to any cell of the set of battery cells having a cell voltage greater than a sum of the mean and the [deviation] (¶ 0058, 0087-0095). It would be obvious to apply the second priority rule of PARK based on the standard deviation of SAKAI, such that the second priority rule assigns next-highest draining priority to any cell of the set of battery cells having a cell voltage greater than a sum of the mean and the standard deviation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the first and second priority rule as recited in order to prevent battery degradation while also preventing overheating (PARK, ¶ 0015, 0058).
SAKAI as modified by PARK fails to disclose a third priority rule assigning a remaining draining priority to any cell of the set of battery cells having a cell voltage greater than the mean.
CARRIER discloses [discharging] any cell of the set of battery cells having a cell voltage greater than the mean (¶ 0009, 0075-0076). Including the feature of discharging any cell having a voltage greater than the mean, as disclosed in CARRIER, in the method of SAKAI as modified by PARK, which sets priority in an order of decreasing magnitude of deviation via first and second priority rules, teaches the recitation “a third priority rule assigning a remaining draining priority to any cell of the set of battery cells having a cell voltage greater than the mean”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the third priority rule as recited in order to maintain a smaller difference between highest and lowest battery cells, minimize heavy balancing, and/or provide a more stable output power without sudden voltage sages.
Regarding claim 17, SAKAI discloses saving, at the time draining is initiated, the mean of the set of battery cell voltages as a target average voltage; and wherein the stop voltage comprises the target average voltage, such that the stop voltage remains fixed at the mean calculated at the time draining is initiated throughout the draining (¶ 0021-0023).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAKAI as applied to claims 1-15 above, and further in view of PARK (KR101601713B1; English machine translation is included with office action).
Regarding claim 18, SAKAI discloses the method as applied to claim 1, but fails to disclose the predefined set of priority rules further specifies that no two adjacent cells of the set of battery cells are drained simultaneously.
PARK discloses the predefined set of priority rules further specifies that no two adjacent cells of the set of battery cells are drained simultaneously (¶ 0082-0095).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the predefined set of priority rules specifies that no two adjacent cells are drained simultaneously in order to prevent overheating (PARK, ¶ 0082).
Regarding claim 19, SAKAI discloses the method as applied to claim 1 but fails to disclose draining is based on temperature.
PARK discloses draining is based on temperature (¶ 0082-0095).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the draining is based on temperature in order to prevent overheating (PARK, ¶ 0082).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 9/14/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859
