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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-5,8,11-14,16, 17 and 18 have been considered but are moot due to new grounds of rejections.
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.
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Claims 1 and 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of copending Application No. 18524103 in view of Lee (KR 20190092090A).
This is a provisional nonstatutory double patenting rejection.
18404757 18524103
A battery system comprising: a battery pack; relays connected to the battery pack; a high side driver (HSD) configured to apply a relay driving voltage to high sides of the relays; and a battery management system (BMS) configured to diagnose the HSD based on a voltage measured from first ends of the relays .
A diagnosis method comprising: applying a relay driving voltage from a hiqh side driver (HSD) to high sides of relays connected to a battery pack; obtaining voltage signals by measuring a voltage from first ends of the relays or a high side driver (HSD); and diagnosing the HSD based on the voltage signals.
1. A battery system, comprising: a battery pack; a plurality of relays connected to the battery pack; a relay driver configured to drive commonly a low side of the plurality of relays and drive each of the plurality of relays at a high side of each of the plurality of relays; and a battery management system configured to control an operation of the relay driver, receive a voltage measured from one terminal of each of the plurality of relays, and diagnose the relay driver based on the received voltage.
2. The battery system as claimed in claim 1, wherein the relay driver includes: a high-side driver configured to supply a relay driving voltage to a high side of a relay corresponding to a first signal among the plurality of relays based on the first signal received from the battery management system; a low-side driver configured to connect the low side of the plurality of relays to a ground based on a second signal received from the battery management system; and a plurality of current sink circuits configured to sink a current from a node between the high-side driver and a high side of a relay corresponding to a third signal among the plurality of relays based on the third signal received from the battery management system.
Regarding claims 1 and 8, application 18524103, teach a battery pack; relays connected to the battery pack; a driver (HSD) configured to apply a relay driving voltage to high sides of the relays; and a battery management system (BMS) configured to diagnose the driver based on a voltage measured from first ends of the relays. (Note claims 1 and 2 above.)
Application 18524103 does not teach diagnose the HSD based on a voltage measured from first ends of the relays.
Lee teach diagnose the HSD based on a voltage measured from first ends of the relay. ([0083] The above processor (1300) can diagnose whether the relay driving circuit (40) is faulty based on at least one of the first measurement voltage, the second measurement voltage, and the third measurement voltage measured in a state where the above-described diagnostic circuit is formed.) Examiner’s position is that diagnosing a driver regardless of high side or low side location would be same.
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify to include the teaching of diagnose the HSD based on a voltage measured from first ends of the relay to determine if the driving circuit has a short circuit. (Note Lee par. 0084).
Claim Objections
Claim 11 is objected to because of the following informalities:
Regarding claim 11, line 2, it appears that “form” should be --from-- .
Appropriate correction is required.
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.
Claim(s)1-4,6,11-14,16, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 20210104902) in view of Lee (KR 20190092090A).
Regarding claims 1 and 11, Yamauchi et al. teach A battery system (Note abstract) comprising:
a battery pack; (102, par. 0023)
relays connected to the battery pack; (121-125, Fig. 1)
a high side driver (HSD) (Note 141, Fig. 1) configured to apply a relay driving voltage to high sides of the relays; and
a battery management system (BMS) (1, Fig. 1)
Yamauchi et al. does not teach battery management system configured to diagnose the HSD based on a voltage measured from first ends of the relay.
Lee teach diagnose the HSD based on a voltage measured from first ends of the relay. ([0083] The above processor (1300) can diagnose whether the relay driving circuit (40) is faulty based on at least one of the first measurement voltage, the second measurement voltage, and the third measurement voltage measured in a state where the above-described diagnostic circuit is formed.) Examiner’s position is that diagnosing a driver regardless of high side or low side location would be same.
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of diagnose the HSD based on a voltage measured from first ends of the relay to determine if the driving circuit has a short circuit. (Note Lee par. 0084).
Regarding claims 2 and 12, Yamauchi et al. teach comprising a low side driver (LSD) (145, Fig., 1) configured to connect a first node, which is connected to low sides of the relays (Note at least 124, 125, Fig. 1), and a ground. (Note at least 145 leading to ground, Fig. 1)
Regarding claim 3, Yamauchi et al. does not teach voltage sensors configured to generate voltage measurement signals, wherein the BMS comprises: a main control unit (MCU) configured to drive the HSD to supply a voltage to relay coils corresponding to the relays; and a diagnostic device configured to diagnose the HSD based on the voltage measurement signals.
Lee teach voltage sensor configured to generate voltage measurement signals (Note par. 0073 The sensing unit (1100) may include a voltage sensor configured to measure a first measurement voltage, a second measurement voltage, and a third measurement voltage applied to each of terminals (2, 7, 12) of the first switch (101), the second switch (102), and the third switch (103 ).) a main control unit (MCU) configured to drive the HSD to supply a voltage to relay coils corresponding to the relays; and a diagnostic device configured to diagnose the HSD based on the voltage measurement signals. (Preferably, the processor controls the operating states of the first switch, the second switch, and the third switch, and, in a state where a diagnostic circuit is formed according to the control of the operating states, can diagnose whether the relay driving circuit is faulty based on at least one of the first measurement voltage, the second measurement voltage, and the third measurement voltage measured from the sensing unit.) Examiner’s position is the software of processor 1300, performs the above funcions)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of a main control unit (MCU) configured to drive the HSD to supply a voltage to relay coils corresponding to the relays; and a diagnostic device configured to diagnose the HSD based on the voltage measurement signals to determine if the driving circuit has a short circuit. (Note Lee par. 0084).
Yamauchi as modified by Lee does not teach a plurality of voltage sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a plurality of voltage sensors since it has been held where the where the general conditions of a claim are disclosed in the prior art, it is not inventive to duplicate parts unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) . One would be motivated to do such a modification in order to reduce the stress of utilizing a single device by distributing the work load to multiple sensors.
Regarding claim 4, Yamauchi et al. teach wherein the voltage sensors are configured to measure high-side voltages of the relays, and wherein the HSD comprises first switching elements (141, Fig. 1) configured to apply the relay driving voltage to the relays (121, Fig. 1) .
Lee teach wherein the voltage sensors are configured to measure high-side voltages of the relays. (Note par. 0073 The sensing unit (1100) may include a voltage sensor configured to measure a first measurement voltage, a second measurement voltage, and a third measurement voltage applied to each of terminals (2, 7, 12) of the first switch (101), the second switch (102), and the third switch (103 ).)
Yamauchi as modified by Lee does not teach a plurality of voltage sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a plurality of voltage sensors since it has been held where the where the general conditions of a claim are disclosed in the prior art, it is not inventive to duplicate parts unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) . One would be motivated to do such a modification in order to reduce the stress of utilizing a single device by distributing the work load to multiple sensors.
Regarding claim 13, Yamauchi et al. does not teach driving the HSD to supply voltage to relay coils corresponding to relays.
Lee teach driving the HSD to supply voltage to relay coils corresponding to relays. (par. 0046, In addition, the relay (30) may have a relay driving circuit (40) including a first relay coil (101) and a second relay coil (102). The above relay (30) can be selectively turned on or off by the operation of the relay driving circuit (40));
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of driving the HSD to supply voltage to relay coils corresponding to relays control the function of the relays.
Regarding claim 14, Yamauchi et al. teach wherein the applying of the relay driving voltage comprises applying a driving signal to a first switching element (11, Fig. 2) connected to a high side of one of the relays (5, Fig. 2) , wherein the first switching element comprises a gate (Note 11, Fig. 2) to which the driving signal is applied, a drain (Note 11, Fig. 2) to which the relay driving voltage is applied, and a source (Note 11, Fig. 22)connected to a high side of a corresponding relay (5, Fig. 2) of the relays, and wherein the first switching element is configured to transmit the relay driving voltage to the high side of the corresponding relay based on the driving signal. (Implicit to the function of a relay driver 11)
Regarding claim 16, Yamauchi et al. teach wherein the applying of the relay driving voltage comprises: receiving a high side driving signal corresponding to a corresponding relay of the relays from a battery management system (BMS); (Note microprocessor 9) and driving an element (Note buffer 10, Fig. 2) to apply the relay driving voltage to the corresponding relay.
Regarding claim 17, Yamauchi et al. teach a first switching element (Note FET 142, Fig. 1) comprising a drain for receiving the relay driving voltage; and a second switching element (Note FET 141, Fig. 1) comprising a source connected to a source of the first switching element, and a drain connected to a high side of the corresponding relay (Note 121, Fig. 1) , and wherein the driving of the element comprises supplying a voltage to a gate of the first switching element and to a gate of the second switching element. (Note the switching devices (FETS) operate by voltage supplied to the gates.
Regarding claim 6, Yamauchi et al. teach A battery system comprising:
battery pack; (102, par. 0023)
relays connected to the battery pack; (121-125, Fig. 1)
a high side driver (HSD) comprising first switching elements (Note 141, Fig. 1) configured to apply a relay driving voltage to high sides of the relays, (Note 121, Fig. 1) and drivers for outputting inverted driving signals obtained by inverting the driving signals for the first switching elements: (140, Fig. 1)
a battery management system (BMS) (1, Fig. 1)
a low side driver (LSD) configured to connect a first node, which is connected to low sides of the relays and a ground. (Note 145 and not load below 140, Fig. 1)
Yamauchi et al. does not teach voltage sensors configured to generate voltage measurement signals and configured to measure high-side voltages of the relays,
a battery management system configured to diagnose the HSD based on a voltage measured from first ends of the relays or the HSD, and comprising:
a main control unit (MCU) configured to drive the HSD to supply a voltage to relay coils corresponding to the relays, and configured to output driving signals for the first switching elements to the HSD and
a diagnostic device configured to diagnose the HSD based on the voltage measurement signals; and
Lee teach voltage sensors configured to generate voltage measurement signals and configured to measure high-side voltages of relays (Note par. 0073 The sensing unit (1100) may include a voltage sensor configured to measure a first measurement voltage, a second measurement voltage, and a third measurement voltage applied to each of terminals (2, 7, 12) of the first switch (101), the second switch (102), and the third switch (103 ).)
a main control unit (MCU) configured to drive the HSD to supply a voltage to relay coils corresponding to the relays or the HSD, diagnose the HSD based on a voltage measured from first ends of the relays or the HSD. ([0083] The above processor (1300) can diagnose whether the relay driving circuit (40) is faulty based on at least one of the first measurement voltage, the second measurement voltage, and the third measurement voltage measured in a state where the above-described diagnostic circuit is formed.) Examiner’s position is that diagnosing a driver regardless of high side or low side location would be same.
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of diagnose the HSD based on a voltage measured from first ends of the relay to determine if the driving circuit has a short circuit. (Note Lee par. 0084).
Yamauchi as modified by Lee does not teach a plurality of voltage sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a plurality of voltage sensors since it has been held where the where the general conditions of a claim are disclosed in the prior art, it is not inventive to duplicate parts unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) . One would be motivated to do such a modification in order to reduce the stress of utilizing a single device by distributing the work load to multiple sensors.
Regarding claim 18, Yamauchi et al. does not teach wherein the measuring of the voltage comprises: generating a voltage measurement signal by measuring a voltage from a node to which the source of the first switching element and the source of the second switching element of the element are connected; and transmitting the voltage measurement signal to the BMS.
Lee wherein the measuring of the voltage comprises: generating a voltage measurement signal by measuring a voltage (Note sensing unit 1100) from a node (7 or 12, Fig. 2) to which the source of the first switching element (FET 201, note par. 0046) and the source of the second switching element (202, Fig. 1) of the element are connected; and transmitting the voltage measurement signal to the BMS. (Note 1300 is interpreted as BMS)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of teach wherein the measuring of the voltage comprises: generating a voltage measurement signal by measuring a voltage from a node to which the source of the first switching element and the source of the second switching element of the element are connected; and transmitting the voltage measurement signal to the BMS determine if a relay driving circuit has a fault.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 20210104902) in view of Lee (KR 20190092090A) further in view of Brereton et al. (US 20070268640).
Yamauchi et al. teach the instant invention except the following claim limitations.
Regarding claim 5, does not teach blocking elements comprising a diode having an anode connected to a low side of a corresponding one of the relays, and having a cathode connected to the first node.
Brereton et al. teach blocking elements comprising a diode (240, Fig. 2) having an anode connected to a low side of a corresponding one of the relays (130, Fig. 2), and having a cathode connected to the first node. (Note node to the left of 210, Fig. 2)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of blocking elements comprising a diode having an anode connected to a low side of a corresponding one of the relays, and having a cathode connected to the first node to suppress voltage spikes and protect sensitive electronic components from reverse voltages.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 20210104902) in view of Lee (KR 20190092090A) further in view of Lee (US 20180299500).
Yamauchi et al. teach the instant invention except the following claim limitations.
Regarding claim 8, Yamauchi et al. teach wherein the MCU (9, par. 0029, Fig. 2) is further configured to generate high side driving signals corresponding to the relays to transmit them to the HSD, (Note PWM in par. 0029) and wherein the HSD comprises: elements configured to apply the relay driving voltage to the relays; (Note the connection between the buffer and driver 11) and drivers (11, Fig. 2) configured to receive the high side drive signals from pins to drive the elements. (Note the node between the buffer and driver 11)
Yamauchi et al. does not teach wherein the voltage sensors are configured to respectively measure voltages of the relays,
Lee teach wherein the voltage sensors are configured to respectively measure voltages of the relays. ([0040] The first voltage measurement unit 110 measures a first voltage V1 between the other end of the first main relay 10 and one end of the second main relay 20 by setting one end of the second main relay 20 as a ground (i.e., setting a connection node between the second electrode terminal 42 and the second main relay 20 as the ground).)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of wherein the voltage sensors are configured to respectively measure voltages of the relays to help determine the fused state of the relays. (Note Lee par. 0064)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 20210104902) in view of Lee (KR 20190092090A) further in view of Aoyama et al. (US 20210050167).
Regarding claim 7, Yamauchi et al. teach blocking elements comprising: a second switching element (FET 143, Fig. 1)comprising a drain connected to a low side of a corresponding one of the relays (123, Fig. 1) , a source connected to the first node, and a gate for receiving a corresponding one of the inverted driving signals from a corresponding one of the drivers; and
Yamauchi et al. does not teach a diode having an anode connected to the drain, and a cathode connected to the source.
Aoyama et al. teach a diode having an anode connected to the drain, and a cathode connected to the source. (Note diode in Q1. Fig 1)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of a diode having an anode connected to the drain, and a cathode connected to the source to protect the device from voltage spikes.
Allowable Subject Matter
Claims 9, 10 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.
Regarding claim 9, a first switching element comprising for receiving the relay driving voltage is applied; a second switching element comprising a source connected to a source of the first switching element, and a drain connected to a high side of one of the relays; a first diode comprising an anode connected to the source of the first switching element, and a cathode connected to the drain of the first switching element; and a second diode comprising an anode connected to the source of the second switching element, and a cathode connected to the drain of the second switching element, and wherein the drivers are further configured to respectively supply voltages to gates of the first switching elements and to gates of the second switching elements.
Regarding claim 15, applying an inverted driving signal, in which the driving signal applied to the first switching element connected to the corresponding relay is inverted, to a blocking element connected to a corresponding low side of the low sides of the corresponding relay, wherein the blocking element is connected between the corresponding relay and the first node, respectively, and comprises a second switching element, wherein the second switching element comprises a gate for receiving the inverted driving signal, a drain connected to the corresponding low side, and a source connected to the first node, and wherein the second switching element connects the corresponding low side to the first node based on the inverted driving signal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRIUS R PRETLOW whose telephone number is (571)272-3441. The examiner can normally be reached M-F, 5:30-1:30.
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/DEMETRIUS R PRETLOW/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858