DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
Figures 2-4 are objected to because the drawings lack legends which are deemed to be necessary, or the provided legends in the drawings are illegible. In figure 2, brief descriptions or acronyms should be used to label boxes 202, 204 and 210; in fig. 3, box 320; in fig. 4, box 420; in fig. 5, all boxes; and in figs. 7-8, all boxes. According to 37 CFR 1.84(o), suitable legends may be required by the examiner where necessary for understanding of the drawing.
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 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)(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.
Claims 1-6 and 8-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. US PGPUB 2022/0224129.
Regarding claim 1, Liu discloses a method for balancing modules during charging of a mixed chemistry battery pack having a first battery module connected in series to a second battery module [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry], the method comprising:
monitoring a first state-of-charge (SOC) of the first battery module having a first battery chemistry [pars. 296-297; SOC of 3413];
monitoring a second SOC of the second battery module having a second battery chemistry that is different than the first battery chemistry [pars. 296-297; SOC of 3414];
selectively activating one of a first bypass switch and a first activation switch of the first battery module based on the first SOC and the second SOC [pars. 296-298; the bypass switches 3417/3418 and activation switch 3403/3404 bypass the battery if SOC is sufficiently high or activate charging is SOC is low]; and
selectively activating one of a second bypass switch and a second activation switch of the second battery module based on the first SOC and the second SOC [pars. 296-298; the bypass switches 3417/3418 and activation switch 3403/3404 bypass the battery if SOC is sufficiently high or activate charging is SOC is low],
wherein activation of the first bypass switch prevents the first battery module from charging and activation of the second bypass switch prevents the second battery module from charging [pars. 297-298].
Regarding claims 2 and 9, Liu discloses wherein the first battery chemistry is nickel-manganese cobalt and the second battery chemistry is lithium iron phosphate [pars. 255 & 1007-1008].
Regarding claims 3 and 10, Liu discloses wherein the first bypass switch and the second bypass switch are deactivated and the first activation switch and the second activation switch are activated based on a determination that the first SOC and the second SOC are less than one [fig. 34A; pars. 79, 278, 280 & 297; if the batteries are not fully charged (less than one, i.e. less than 100%) then charging continues via an activated switch 3403/3404 and not bypassed 3417/3418].
Regarding claims 4 and 11, Liu discloses wherein the first bypass switch and the second bypass switch are activated and the first activation switch and the second activation switch are deactivated based on a determination that the first SOC and the second SOC are equal to one [fig. 34A; pars. 79, 278, 280 & 297; if the batteries are fully charged (equal to one, i.e. at 100%) then the bypass switches 3417/3418 are activated and switches 3403/3404 are deactivated (at least due to the shorts at 3417/3418].
Regarding claims 5 and 12, Liu discloses wherein the first activation switch is activated, the first bypass switch is deactivated, the second activation switch is deactivated, and the second bypass switch is activated based on a determination that the first SOC is less than one and the second SOC is equal to one [fig. 34A; pars. 79, 278, 280 & 297; one battery can be bypassed based on its SOC, while the other continues to be charged].
Regarding claims 6 and 13, Liu discloses wherein the first activation switch is deactivated, the first bypass switch is activated, the second activation switch is activated, and the second bypass switch is deactivated based on a determination that the second SOC is less than one and the first SOC is equal to one [fig. 34A; pars. 79, 278, 280 & 297; one battery can be bypassed based on its SOC, while the other continues to be charged].
Regarding claim 8, Liu discloses a vehicle [figs. 1, 34 & 38; an end device is powered by a mix of batteries, the “end device” may be a vehicle; pars. 66, 310 & 1002-1003] comprising:
a mixed chemistry battery [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry] comprising:
a first battery cell having a first chemistry [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry; fig. 34A, battery pack 3413];
a first activation switch connected to the first battery cell, wherein activation of the first activation switch enables charging of the first battery cell; a first bypass switch connected to the first battery cell, wherein activation of the first bypass switch prevents the first battery cell from charging [pars. 296-298; the bypass switches 3417/3418 and activation switch 3403/3404 bypass the battery if SOC is sufficiently high or activate charging is SOC is low];
a second battery cell connected to the first battery cell in series, the second battery cell having a second chemistry that is different than the first chemistry [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry; fig. 34A, pars. 297-298; battery pack 3414 is connected in series through 3400 when switches 3403-3408 are activated];
a second activation switch connected to the second battery cell, wherein activation of the second activation switch enables charging of the second battery cell; a second bypass switch connected to the second battery cell, wherein activation of the second bypass switch prevents the second battery cell from charging [pars. 296-298; the bypass switches 3417/3418 and activation switch 3403/3404 bypass the battery if SOC is sufficiently high or activate charging is SOC is low]; and
a controller [fig. 34A, 3412] configured to:
monitor a first state-of-charge (SOC) of the first battery cell and a second SOC of the second battery cell [pars. 296-297; SOC of 3413 and 3414];
selectively activate one of the first bypass switch and the first activation switch based on the first SOC and the second SOC; and selectively activate one of the second bypass switch and the second activation switch based on the first SOC and the second SOC [pars. 296-298; the bypass switches 3417/3418 and activation switch 3403/3404 bypass the battery if SOC is sufficiently high or activate charging is SOC is low].
Claim Rejections - 35 USC § 103
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.
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.
Claims 7 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. US PGPUB 2022/0224129 in view of Hinterberger et al. DE 102019207355 A1. (It is noted that the Hinterberger citations are taken from the machine translation, until a translation is obtained.)
Regarding claims 7 and 14, Liu does not explicitly disclose wherein the selective activation of the first bypass switch, the first activation switch, the second bypass switch, and the second activation switch are based on a flag value that is calculated based on the first SOC, a first capacity of the first battery module, the second SOC, a second capacity of the second battery module, and a capacity difference of the first battery module and the second battery module.
However, Hinterberger discloses a system using batteries of different chemistries [par. 15] wherein the selective activation of the first bypass switch, the first activation switch, the second bypass switch, and the second activation switch are based on a flag value that is calculated based on the first SOC, a first capacity of the first battery module, the second SOC, a second capacity of the second battery module, and a capacity difference of the first battery module and the second battery module [par. 10, 13, 24 & 37; the determination of bypassing or activation of charging for each batteries is determined based on the SOCs, capacities and differences in capacity of the two batteries].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Liu to further include wherein the selective activation of the first bypass switch, the first activation switch, the second bypass switch, and the second activation switch are based on a flag value that is calculated based on the first SOC, a first capacity of the first battery module, the second SOC, a second capacity of the second battery module, and a capacity difference of the first battery module and the second battery module for the purpose of taking advantage of size differences to better use space, as taught by Hinterberger (par. 15).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. US PGPUB 2022/0224129 in view of Saigo US PGPUB 2008/0036424.
Regarding claim 15, Liu discloses a vehicle [figs. 1, 34 & 38; an end device is powered by a mix of batteries, the “end device” may be a vehicle; pars. 66, 310 & 1002-1003] comprising:
a mixed chemistry battery [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry] comprising:
a first battery cell having a first chemistry [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry; fig. 34A, battery pack 3413];
a second battery cell connected to the first battery cell in series, the second battery cell having a second chemistry that is different than the first chemistry [figs. 1 & 34A; pars. 61; 159 & 1009; the different battery packs can have mixed chemistry; fig. 34A, battery pack 3414]; and
a controller [fig. 34A, 3412] configured to:
monitor a first state-of-charge (SOC) of the first battery cell and a second SOC of the second battery cell [pars. 296-297; SOC of 3413 and 3414].
Liu does not explicitly disclose selectively activating the first discharge switch and the second discharge switch based on the first SOC and the second SOC; a first discharge switch connected to the first battery cell and to a first resister, wherein activation of the first discharge switch causes dissipation of charge from the first battery cell; a second discharge switch connected to the second battery cell and to a second resister, wherein activation of the second discharge switch causes dissipation of charge from the second battery cell.
However, Saigo discloses a two-type battery system which selectively activates the first discharge switch and the second discharge switch based on the first SOC and the second SOC and comprises a first discharge switch connected to the first battery cell and to a first resister, wherein activation of the first discharge switch causes dissipation of charge from the first battery cell; a second discharge switch connected to the second battery cell and to a second resister, wherein activation of the second discharge switch causes dissipation of charge from the second battery cell [pars. 2, 4, 7-8, 10 & 64].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Liu to further include selectively activating the first discharge switch and the second discharge switch based on the first SOC and the second SOC; and a first discharge switch connected to the first battery cell and to a first resister, wherein activation of the first discharge switch causes dissipation of charge from the first battery cell; a second discharge switch connected to the second battery cell and to a second resister, wherein activation of the second discharge switch causes dissipation of charge from the second battery cell for the purpose of equalizing capacity, as taught by Saigo (pars. 9-10).
Regarding claim 16, Liu discloses wherein the first battery chemistry is nickel-manganese cobalt and the second battery chemistry is lithium iron phosphate [pars. 255 & 1007-1008].
Allowable Subject Matter
Claims 17-20 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.
With respect to claim 17, the following is an examiner's statement of reasons for the indication of allowable subject matter: the prior art fails to further teach or suggest “wherein the selective activation of a first discharge switch and the second discharge switch are based on a flag value that is calculated by: Flag=(SOC1∙C1-CD)-SOC2∙C2 where SOC1 is the first SOC, SOC2 is the second SOC, C1 is a total capacity of the first battery cell, C2 is a total capacity of the second battery cell, and CD is a difference between C1 and C2” in combination with all the other elements recited in claim 17.
Claims 18-20, being dependent on claim 17, would be allowable for the same reasons as claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
De Silva WO 2024/110483 A1 discloses a battery managing system with batteries of different chemistries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID V HENZE/Primary Examiner, Art Unit 2859
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