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 .
Acknowledgement is made of application #18/393,999 filed on 12/22/2023 in which claims 1-18 have been presented for prosecution in a first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/22/2023 and 10/29/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Initialed copies are attached herewith.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated(see specification paragraph [0018]). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
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 limitations of, “…wherein the main switch is connected to the high voltage terminal, and wherein the first terminal of the first cell is the negative terminal of a cell directly connected to the high voltage terminal…”, as recited in claims 4 and 13 must be shown or the feature(s) canceled from the claim(s) and the limitations of, “…wherein the main switch is connected to the low voltage terminal, and wherein the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 2 and that of the limitations of, “…wherein: the first main switch is connected to the low voltage terminal, and the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 12, must also 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5 and 12-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 2,4,12 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Because the limitations of, “…wherein the main switch is connected to the high voltage terminal, and wherein the first terminal of the first cell is the negative terminal of a cell directly connected to the high voltage terminal…”, as recited in claims 4 and 13 must be shown or the feature(s) canceled from the claim(s) and the limitations of, “…wherein the main switch is connected to the low voltage terminal, and wherein the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 2 and that of the limitations of, “…wherein: the first main switch is connected to the low voltage terminal, and the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 12 are not enabled and could not be matched to any of the figures 2-4.
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.
Claims 2-5 and 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2,4,12 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Because the limitations of, “…wherein the main switch is connected to the high voltage terminal, and wherein the first terminal of the first cell is the negative terminal of a cell directly connected to the high voltage terminal…”, as recited in claims 4 and 13 must be shown or the feature(s) canceled from the claim(s) and the limitations of, “…wherein the main switch is connected to the low voltage terminal, and wherein the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 2 and that of the limitations of, “…wherein: the first main switch is connected to the low voltage terminal, and the first terminal of the first cell is a positive terminal of a cell directly connected to the low voltage terminal”, as recited in claim 12 are not enabled and could not be matched to any of the figures 2-4.
Claims 3 and 5 depend directly on claim2 and respectively claim 4 and thus are also rejected for the same reasons.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by anticipated by Jeon et al., (Jeon) US 2021/0265844 A1.
Regarding claim 1: Jeon at least discloses and shows in annotated Fig. 1: A battery pack(see battery system 100/200), comprising: a battery module(110,120) including a plurality of cells(BMa, BMb) electrically connected to each other between a high voltage terminal(B+) and a low voltage terminal(B-); a main switch(SW1) connected to the high voltage terminal or the low voltage terminal(see Fig. 1), and having a control terminal(see Fig. 1 where the control terminal receive a control signal originated from BMS 130 as represented by arrow head) connected(via BMS and BMMa) to a first terminal of at least one first cell(bottom cell of BMb) among the plurality of cells; and a switch control device(BMS 130)(see annotated Fig. 1) for controlling the connection(via control of BMMa) between the first terminal of the at least one first cell(bottom cell of BMb) and the control terminal(see annotated Fig. 1) of the main switch(SW1)(see [0018]-[0026]; [0048]-[0053]).
Accordingly claim 1 is anticipated.
Regarding claim 11: Jeon at least discloses and shows in annotated Fig. 1 and Fig. 2 below: A battery pack(battery system 100/200), comprising: a battery module(110,120/210,220) including a plurality of cells(BMa, BMb)electrically connected to each other between a high voltage terminal(B+) and a low voltage terminal(B-); a first main switch(SW1) connected to one of the high voltage terminal and the low voltage terminal, and having a control terminal(see Fig. 1 where the control terminal receive a control signal originated from BMS 130 as represented by arrow head) connected to a first terminal of a first cell among the plurality of cells(see annotated Fig. 1 below); and a switch control device(BMS 130/230)(see annotated Fig. 1 and Fig. 2) comprising a first switch(SW1) connected between a first terminal of the first cell(bottom cell of BMb) and a control terminal(see annotated Fig. 1) of the first main switch(SW1), and turning the first switch on or off according to a first control signal(see [0048]-[0053]).
Accordingly claim 11 is anticipated.
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Claim Rejections - 35 USC § 103
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 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al., (Jeon) US 2021/0265844 A1.
Regarding claim 10, Jeon discloses all the claimed invention as set forth and discussed above in claim 1 but fails to expressly disclose the limitations of:
wherein the voltage of the first cell corresponds to the turn-on voltage of the main switch.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have in the battery pack system of Jeon, wherein the voltage of the first cell corresponds to the turn-on voltage of the main switch, as recited, so as to provide a sufficient gate to source voltage to turn on the main switch and thereby carries its controlling functions.
Accordingly claim 10 would have been obvious.
Prior art examination for claims 2-5,12 and 13 are precluded as examiner could notascertain the clarity of the claims in order to further prosecute them on the merits.
Allowable Subject Matter
Claims 6-9,14-18 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.
Conclusion
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M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 September 8, 2026
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