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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,750,014 in view of Alser et al (US 2017/0120772 A1).
Claim 1 of the pending application is substantially equivalent to claim 1 of the ‘014 patent, with the exception of the ‘014 patent failing to claim that the processor receives measured parameters.
As discussed below, Alser et al teaches a system for managing a plurality of battery strings where the controller receives measured parameters.
Thus, in view of the teachings of Alser et al, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to include with the claims of the ‘014 patents that the processor receives measured parameters, since this would provide accurate values of the parameters.
Claims 2-6 of the pending application are substantially equivalent to claims 2-6 of the ‘014 patent.
Claim 7 of the pending application is recited in claim 1 of the ‘014 patent.
Claims 8-17 of the pending application are substantially equivalent to claims 7-16 of the ‘014 patent.
Regarding claim 18, the ‘014 patent does not claim that the parameters are previously measured.
As discussed below, Alser et al teaches the use of stored parameters that were previously measured.
Thus, in view of the teachings of Alser et al, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to include with the claims of the ‘014 patents that parameters were previously measured, since storing values of the measured parameters would allow for less frequent measuring of the parameters.
Claim 19 of the pending application is substantially equivalent to claim 17 of the ‘014 patent, with the exception of the ‘014 patent failing to claim that the processor receives measurements.
As discussed below, Alser et al teaches a system for managing a plurality of battery strings where the controller receives measurements of the string parameters.
Thus, in view of the teachings of Alser et al, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to include with the claims of the ‘014 patents that the processor receives measurements, since this would provide accurate values of the parameters.
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) 1-12 and 17-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alser et al (US 2017/0120772 A1).
Regarding claim 1, Alser et al teaches a system (see Figs. 1-6), comprising: plural strings of energy storage devices (battery strings 206a-206n) configured to power a load (motor 140 and/or other electrical components of the vehicle) and to be charged by a power source (either a regenerative power source or external charge power source 160), the strings selectively connectable to one or more conductive buses (power buses 202 & 204) by plural electrically controllable switches (switches 210a-210n & 212a-212n); and a controller (control circuitry 220) operatively connected to the switches (via control signals 214a-214n) and configured to receive one or more measured parameters (from voltage sensors (not shown) & current sensors 208a-208n, see para. 0027) of the strings, the one or more parameters including one or more of states of charge between the strings (voltages V_a-V_n are representative of states of charge), different charge capacities between the strings, different electric currents conducted through the strings (currents I_a-I_n), different polarities of the electric currents conducted through the strings, or a speed of a vehicle that is powered by the load, the controller configured to subsequently determine (a) a first sequence in which the strings are connected with the load or the power source (see steps 402-408, Fig. 4 and/or steps 602-610, Fig. 6) or (b) a second sequence in which the strings are disconnected (see steps 412, 414 & 418, Fig. 4) from the load or the power source, the controller configured to then control (via control signals 214a-214n) the switches (switches 210a-210n & 212a-212n) to connect the strings (battery strings 206a-206n) according to the first sequence or disconnect the strings according to the second sequence (see steps 404, 408, 418, 420, Fig. 4 and/or steps 604 & 608, Fig. 6) (also see paras. 0020, 0027-0031 and 0035-0055).
Regarding claim 2, Alser et al teaches the system of claim 1, wherein, in a disconnected state where the strings (battery strings 206a-206n) are disconnected from the power source by the switches (switches 210a-210n & 212a-212n) being in an open state, the controller is configured to close one or more of the switches in the first sequence for charging the strings (see steps 602-610, Fig. 6), wherein the first sequence closes a first switch (for example, switch 210a) of the switches or a first pair of the switches (for example 210a & 212a) to connect a lower charged string (see step 604) of the strings with the power source (either regenerative power or external power source 160, see para. 0049) to precharge the one or more conductive buses (busses 202 & 204) before closing a second switch (for example, switch 210b) of the switches to connect the power source with the one or more conductive buses before closing one or more third switches (for example, switch 210n) of the switches to connect one or more higher charged strings of the strings with the power source via the one or more conductive buses (see paras. 0049-055).
Regarding claim 3, Alser et al teaches the system of claim 2, wherein the first sequence closes the first pair of the switches (for example, 210a & 212a) before closing the second switch (for example, 210b) while states of charge or voltages of the strings coupled with the first pair of the switches are within a designated tolerance of each other (see step 606 and paras. 0046 & 0053-0054).
Regarding claim 4, Alser et al teaches the system of claim 2, wherein the one or more higher charged strings includes two or more of the higher charged strings (for example, two of strings 206a-206n may be at an equal high voltage), and the controller is configured to close the third switches connected with the two or more higher charged strings (for example, the switches 210a-210n & 212a-212n that are associated with the higher charged strings) in the first sequence that connects the two or more higher charged strings to the one or more conductive buses (202 & 204) in the first sequence according to a difference between a potential of the one or more conductive buses that have been precharged and a potential of each of the two or more higher charged strings (see step 606 and paras. 0046 & 0053-0054).
Regarding claim 5, Alser et al teaches the system of claim 2, wherein the controller (220) is configured to close the switches in an ascending order of voltages of the strings coupled with the switches (the string with the lowest voltage is connected first, followed by strings with a higher voltage, see steps 602-610 and paras. 0046 & 0049-0055).
Regarding claim 6, Alser et al teaches the system of claim 2, wherein the controller (220) is configured to close the third switches connected with the two or more higher charged strings (for example, the switches 210a-210n & 212a-212n that are associated with the higher charged strings) in the first sequence that connects the two or more higher charged strings (for example, two of strings 206a-206n may be at an equal high voltage) to the one or more conductive buses (202 & 204) in an ascending order (the battery strings are connected lowest to highest) according to a state-of-charge difference between the strings, a depth-of-discharge difference between the strings, the states of charge of the strings (for example, represented by voltage levels), or depths of discharge of the strings (see steps 602-610 and paras. 0046 & 0049-0055).
Regarding claim 7, Alser et al teaches the system of claim 1, wherein the controller (220) is configured to precharge the one or more conductive buses (202 & 204) with at least one of the higher charged strings (see step 404, Fig. 4).
Regarding claim 8, Alser et al teaches the system of claim 7, wherein the controller (220) is configured to precharge the one or more conductive buses (202 & 204) with the at least one of the higher charged strings (see step 404, Fig. 4) prior to charging the strings (for example, when the discharge process of Fig. 4 is performed before the charging process of Fig. 6).
Regarding claim 9, Alser et al teaches the system of claim 7, wherein the controller (220) is configured to precharge the one or more conductive buses (202 & 204) with the at least one of the higher charged strings (see step 404, Fig. 4) prior to discharging the strings (for example, discharging occurs when the strings are connected to the load bus, see steps 410 & 420, Fig. 4).
Regarding claim 10, Alser et al teaches the system of claim 1, wherein the controller (220) is configured to precharge the one or more conductive buses (202 & 204) with the power source prior to charging the strings (for example, the regenerative power source would be connected to the busses prior to charging the battery strings, see paras. 0047-0049 & 0055).
Regarding claim 11, Alser et al teaches the system of claim 1, wherein the controller (220) is configured to precharge the one or more conductive buses (202 & 204) with the power source prior to discharging the strings (for example, the regenerative power source or the external power source is connected to the busses for charging the battery strings in the process of Fig. 6 prior to discharging the battery strings again in the process of Fig. 4).
Regarding claim 12, Alser et al teaches the system of claim 1, wherein, in a disconnected state where the strings are disconnected from the power source (the regenerative power source or the external power source 160) by the switches (210a-210n & 212a-212n) being in an open state, the controller (220) is configured to close the switches in the first sequence (for example, the sequence shown in Fig. 6) by concurrently connecting the strings with the one or more conductive buses where the power source is available to precharge the one or more conductive buses (for example, the regenerative power source would be connected to the busses prior to connecting and charging the battery strings using the process of Fig. 6, see paras. 0047-0055).
Regarding claim 17, Alser et al teaches the system of claim 1, wherein the controller (220) is configured to disconnect the strings from one or more of the power source or the load in the second sequence by opening the switches (210a-210n & 212a-212n) in an order from a higher current of the electric currents conducted through the strings to a lower current of the electric currents conducted through the strings (for example, the process of Fig. 4 may be operated in reverse when regenerative power is available, see para. 0047, which means higher current strings would be disconnected before lower current strings).
Regarding claim 18, Alser et al teaches the system of claim 1, wherein the controller (220) is configured to determine the first sequence or the second sequence by identifying a first string (one of battery strings 206a-206n) of the strings having a lowest value or greatest value (for example, the string with the highest voltage, step 402-404, or the string with the lowest voltage, step 602-604) of the one or more parameters that are previously measured for the strings (the measured values can be stored for later use, see para. 0036), the controller connecting or disconnecting the first string according to the first sequence or the second sequence prior to connecting or disconnecting a remainder of the strings (see the processes of Figs. 4 and 6).
Regarding claim 19, Alser et al teaches a system (see Figs. 1-6), comprising: strings of energy storage devices (battery strings 206a-206n) configured to power loads (motor 140 and/or other electrical components of a vehicle) and to be charged by one or more power sources (for example, a regenerative power source) of a vehicle, the strings selectively connectable to a conductive bus (power busses 202 & 204) by plural electrically controllable switches (switches 210a-210n & 212a-212n); and a controller (control circuitry 220) operatively connected to the switches (via control signals 214a-214n) and configured to receive measurements (from voltage sensors (not shown) & current sensors 208a-208n, see para. 0027) of one or more of states of charge between the strings (voltages V_a-V_n are representative of states of charge), charge capacities of the strings, electric currents conducted into or out of the strings (currents I_a-I_n), polarities of the electric currents conducted into or out of the strings, or a speed of the vehicle, the controller (220) configured to control the switches (210a-210n & 212a-212n) for one or more of connecting (see steps 402-408, Fig. 4 and/or steps 602-610, Fig. 6) the strings to the bus or disconnecting (see steps 412, 414 & 418, Fig. 4) the strings from the bus in a sequence that is based on the one or more of the states of charge, the charge capacities, the electric currents, the polarities of the electric currents, or the speed of the vehicle (see the processes of Figs 3, 4 and 6; paras. 0020, 0027-0031 and 0035-0055).
Regarding claim 20, Alser et al teaches a method (see Figs. 1-6), comprising: measuring (using voltage sensors (not shown) & current sensors 208a-208n, see para. 0027) one or more of states of charges (voltages V_a-V_n are representative of states of charge) of strings of energy storge devices (battery strings 206a-206n), charge capacities of the strings, electric currents conducted into or out of the strings (currents I_a-I_n), or polarities of the electric currents; subsequent to measuring, comparing (the processing circuitry 220 can be used to compare the measured values, see paras. 0034 & 0052) the one or more of the states of charges (the voltage values), the charge capacities, the electric currents (the current values), or the polarities of the strings with each other; and subsequent to measuring and comparing, one or more of closing or opening switches (switches 210a-210n & 212a-212n) between the strings and a conductive bus (power busses 202 & 204) that couples the strings with a load (motor 140 and/or other electrical devices of the vehicle) and a power source (regenerative power source and/or external power source 160) of a powered system (vehicle electrical power system 100), the switches one or more of closed or opened in a sequence based on the states of charges, the charge capacities, the electric currents, or the polarities that are compared (see the processes of Figs 3, 4 and 6; paras. 0020, 0027-0031 and 0035-0055).
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.
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) 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alser et al (US 2017/0120772 A1) in view of Kumar (US 2005/0235865 A1).
Regarding claim 13, the teachings of Alser et al as applied to the system of claim 1 has been discussed above,
Alser et al does not specifically teach further comprising diodes disposed between (c) each of the strings and (d) the load and the power source, at least one of the diodes for each of the strings polarized toward the string and at least one other of the diodes for each of the strings polarized toward the load and the power source.
Kumar teaches a system (see Fig. 18) including a plurality of battery strings (502) selectively connected (via switches 516, 518 & 520) to a power buss (504), further comprising diodes (512 & 514) disposed between (c) each of the strings and (d) the load and the power source (for example, loads and power sources connected to the buss), at least one of the diodes for each of the strings polarized toward the string and at least one other of the diodes for each of the strings polarized toward the load and the power source (see the arrangement of the diodes in Fig. 18).
In view of the teachings of Kumar, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to include with the system of Alser et al, further comprising diodes disposed between (c) each of the strings and (d) the load and the power source, at least one of the diodes for each of the strings polarized toward the string and at least one other of the diodes for each of the strings polarized toward the load and the power source, in order to prevent the flow of undesirable circulating currents between the battery strings (see paras. 0164-0168 of Kumar).
Regarding claim 16, Alser et al as modified by Kumar teaches the system of claim 13, wherein the controller (220) is configured to close all of the switches (210a-210n & 212a-212n) to connect the strings with the one or more of the load or the power source via the one or more conductive buses (202 & 204) regardless of voltages of the strings during charging or discharging of the strings (for example, when all of the battery strings are at sufficiently similar voltages, all of the switches will be closed, regardless of differences in the voltages).
Allowable Subject Matter
Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Note that the double patenting rejection of claims 14 and 15 must also be overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 14, the prior art of record does not teach or fairly suggest the system of claim 13, wherein the controller is configured to short the diodes together by concurrently closing both the discharging contactor and the charging contactor.
Claim 15 depends from claim 14 and would be allowable for the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please see the additional references cited on the attached PTO-892, which are directed to systems and methods for managing the charging & discharging of plural batteries or battery strings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JARED FUREMAN/Primary Examiner, Art Unit 2859
Prosecution Insights