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 .
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 switch of claim 14 must be shown or the feature canceled from the claim. 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 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 16 and 18 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.
Claim 16 recites “a first controller of a first energy storage circuit” twice, it should recite “the first controller” and “the first energy storage”. Claim 16 also recites “providing, by using a bypass diode of a second energy storage circuit of the plurality of energy storage circuits, a second current path between a first terminal and a second terminal of the first energy storage circuit and via the bypass diode, wherein the second current path bypasses a second energy storage unit of the second energy storage circuit”, it is not clear how a diode in the second energy storage circuit can affect a current path within the first energy storage circuit. The examiner believes it should read “the second energy storage circuit” in order to reflect the circuit within the disclosure.
Claim 18 recites “a first energy storage circuit”, this limitation was already introduced in independent claim 16, and should read “the first energy storage circuit”.
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.
Claims 1-9, 11-12, 14-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. US 20220209546 in view of Xiao et al. US 20230261485 (hereinafter Xi).
With regards to claims 1 and 16 Hall discloses, a system [fig 3] comprising:
a plurality of energy storage circuits connected in series [battery packs 1 and 2, wherein each energy storage circuit of the plurality of energy storage circuits comprises:
a first terminal and a second terminal [fig 5 HV POS and HV NEG];
an energy storage unit [fig 5 two 48 cell groups];
a pre-charge circuit [fig 5 pre-charger 730], wherein the energy storage unit and the pre-charge circuit are connected in series to form a series connection between the first terminal and the second terminal [fig 5];
a controller [fig 5 controller 1.2] configured to, based on receiving a signal, control the pre-charge circuit to close a first current path between the first terminal and the second terminal [¶50 reasonably discloses the command/control functions of the switching of the pre-charge circuit]; and
Hall fails to disclose, a bypass diode, wherein the bypass diode is: connected between the first terminal and the second terminal and in parallel to the series connection and configured to, based on a first polarity of a first voltage between the first terminal and the second terminal being opposite of a second polarity of a second voltage across the energy storage unit, close a second current path between the first terminal and the second terminal.
However, Xi discloses, a bypass diode, wherein the bypass diode is: connected between the first terminal and the second terminal and in parallel to the series connection [fig 4 diode D1 connected in parallel to the battery and between the terminals PKn+ and PKn-] and
configured to, based on a first polarity of a first voltage between the first terminal and the second terminal being opposite of a second polarity of a second voltage across the energy storage unit, close a second current path between the first terminal and the second terminal [diode D1 would inherently function in this manner, as diodes only all current to flow in one direction].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery systems of Hall with Xi to include a bypass diode in order to enhance the power flow and safety of the system.
With regards to claim 2 the combination discloses, the system of claim 1, wherein, in each of the plurality of energy storage circuits, the pre-charge circuit comprises a switch and a resistor connected in series [Hall fig 5 relay 734 and resistor 732].
With regards to claim 3 the combination discloses, the system of claim 2, wherein, in each of the plurality of energy storage circuits, the switch comprises one of: a metal oxide semiconductor field effect transistor (MOSFET), an insulated gate bipolar transistor (IGBT), or bipolar junction transistor (BJT) [Hall discloses the switch and making the switch a MOSFET, IGBT or BJT is a mere simple substitution of one known element for another to yield predictable results. See MPEP 2143].
With regards to claim 4 the combination discloses, the system of claim 1, further comprising a switch configured to provide the signal, wherein the switch comprises one of: a mechanical switch; an electro-mechanical switch; or a transistor [Hall fig 5 relay is an electro-mechanical switch].
With regards to claim 5 the combination discloses, the system of claim 1, wherein, in each of the plurality of energy storage circuits, the first terminal comprises a positive terminal connected to an anode of the energy storage unit; and wherein the second terminal comprises a negative terminal connected to the pre charge circuit [This is a mere rearrangement of parts and is considered routine design modification where the pre-charge component continues to perform its standard operational functions whether it is mounted on the positive side or the negative side of the circuit. Hall shows it on the positive side (like in the instant app claim 6), and reviewing the applicant’s specification ¶45 discloses that the pre-charge circuit can be connected “alternatively” to the negative side of the circuit, giving no unique benefit or solution, which proves that the applicant views the configurations as completely interchangeable equivalents. See MPEP 2144.04(V)(B)].
With regards to claim 6 the combination discloses, the system of claim 1, wherein, in each of the plurality of energy storage circuits, the second terminal comprises a negative terminal connected to a cathode of the energy storage unit [Hall fig 5]; and
wherein the first terminal comprises a positive terminal connected to the pre charge circuit [fig 5 shows the pre-charge circuit connected to the positive terminal].
With regards to claim 7 the combination discloses, the system of claim 1, wherein each energy storage circuit, of the plurality of energy storage circuits, wherein, in each of the plurality of energy storage circuits, the controller is configured to control the pre-charge circuit to close the first current path between the first terminal and the second terminal based on the electrical characteristic indicating that the first polarity of the first voltage between the first terminal and the second terminal is opposite of the second polarity of the second voltage across the energy storage unit [Hall ¶50 reasonably discloses controlling the pre-charge functions].
Hall fails to disclose, further comprises a sensor configured to detect an electrical characteristic.
However, Xi discloses, comprises a sensor configured to detect an electrical characteristic [Xi fig 4 detection unit 111a].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery systems of Hall with Xi to include a voltage sensor in order to improve the protection functions of the circuit by allowing the controller to make connection determinations based on the electrical characteristics detected.
With regards to claim 8 the combination discloses, the system of claim 7, wherein the electrical characteristic comprises a voltage level between the first terminal and the second terminal [Xi ¶50 discloses voltage level detection].
With regards to claim 9 the combination discloses, the system of claim 7, wherein the electrical characteristic comprises a current flowing through the one of the first terminal or the second terminal [Xi fig 4 current flows through terminals PKn+/PKn- of the circuit].
With regards to claim 11 the combination discloses, the system of claim 1, wherein each energy storage circuit, of the plurality of energy storage circuits, further comprises a switch connected in parallel with the pre charge circuit [Hall fig 5 positive contactor 710]; and
wherein, in each of the plurality of energy storage circuits, the controller is configured to turn on the switch in response to a second signal [fig 5 positive contactor 710 is controlled based on signals].
With regards to claim 12 the combination discloses, the system of claim 1, wherein, in each of the plurality of energy storage circuits, the controller is configured to control the pre charge circuit to open the first current path based on one of:
a second signal; a measurement of a voltage between the first terminal and the second terminal; or an elapsed time period [Hall fig 5 and ¶50 reasonably read on the first current path and second signal, disclosing that the switching of the pre-charge is at first closed then opened, and the positive contactor is closed after the pre-charge is complete].
With regards to claim 14 the combination discloses, the system of claim 1, further comprising a second circuit [Xi fig 4 boxes 2 and 3 are external to the battery modules 11-1n which reasonably reads on a second circuit], comprising:
a switch configured to provide the signal [off-signal level shifting module 2];
a third terminal connected to the first terminal [PK+];
a fourth terminal connected to the second terminal [PK-]; and
a capacitor connected between the third terminal and the fourth terminal [capacitor 3].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the battery systems of Hall with Xi to include a second circuit in order to prevent power losses and improve battery efficiency.
With regards to claim 15 the combination discloses, the system of claim 1, wherein, in each of the plurality of energy storage circuits, the first current path is via the pre-charge circuit and the energy storage unit [Hall fig 5 current path via the pre-charge circuit when the contactor 710 is open]; and
wherein, in each of the plurality of energy storage circuits, the second path bypasses the pre-charge circuit and the energy storage unit [fig 5 second path when the contactor 710 is closed which bypasses the pre-charge circuit].
With regards to claim 17 the combination discloses, the method of claim 16, wherein providing the second current path is further based on a second controller of the second energy storage circuit not receiving the signal [Hall ¶52 discloses a window for battery pack connection which reasonably reads on the second storage circuit not receiving the signal at the same time as a first storage].
With regards to claim 20 the combination discloses, the method of claim 16, wherein the first energy storage unit and the pre-charge circuit are connected in series to form a series connection between the first terminal and the second terminal of the first energy storage circuit [Hall fig 5]; and
wherein the bypass diode and the second energy storage unit of the second energy storage circuit are connected in parallel between the first terminal and the second terminal of the second energy storage circuit [Xi fig 4].
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. US 20220209546 in view of Xiao et al. US 20230261485 (hereinafter Xi) further in view of Dunge US 20220247189 (hereinafter Dun).
With regards to claim 10 the combination fails to disclose, the system of claim 7, wherein, in each of the plurality of energy storage circuits, the sensor comprises an opto-coupler: connected between the first terminal and the second terminal; and configured to detect whether the first polarity of the voltage between the first terminal and the second terminal is opposite of the second polarity of the voltage across the energy storage unit.
However, Dun discloses, the sensor comprises an opto-coupler: connected between the first terminal and the second terminal; and configured to detect whether the first polarity of the voltage between the first terminal and the second terminal is opposite of the second polarity of the voltage across the energy storage unit [fig 7 sensor 330 and ¶110 sensor can be an optocoupler].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the battery systems of Hall in view of Xi with Dun to replace the sensor with an optocoupler in order to provide better circuit safety by providing electrically isolated monitoring of the reverse polarity potential.
With regards to claim 19 the combination fails to disclose, the method of claim 16, wherein providing the second current path is further based on a first polarity of a first voltage between the first terminal and the second terminal of the second energy storage circuit being opposite of a second polarity of a second voltage across the second energy storage unit.
However, Dun discloses, a first polarity of a first voltage between the first terminal and the second terminal of the second energy storage circuit being opposite of a second polarity of a second voltage across the second energy storage unit [¶9 discloses polarity detection and switching function based on the reverse or “second polarity”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the battery systems of Hall and Xi with Dunge to include polarity detection in order to prevent damage to the battery and system.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. US 20220209546 in view of Xiao et al. US 20230261485 (hereinafter Xi) further in view of “Snubber – Wikipedia” 31 December 2022.
With regards to claim 13 the combination fails to disclose, the system of claim 1, wherein each energy storage circuit of the plurality of energy storage circuits further comprises a capacitor connected in parallel to the pre charge circuit; and wherein the capacitor comprises a parasitic capacitor.
However, Snubber discloses, wherein each energy storage circuit of the plurality of energy storage circuits further comprises a capacitor connected in parallel to the pre charge circuit; and wherein the capacitor comprises a parasitic capacitor [Pg 2 discloses the Snubber circuit, which is a resistor/capacitor in series which is in parallel to a switch, the exact same structure as applicants, where the capacitor acts as a “parasitic capacitor”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the battery systems of Hall and Xi with Snubber to include a parasitic capacitor circuit in order to help protect the circuit components.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. US 20220209546 in view of Xiao et al. US 20230261485 (hereinafter Xi) further in view of Sampson et al. US 20210135462 (hereinafter Sam).
With regards to claim 18 the combination discloses, the method of claim 16, wherein providing the second current path is further based on: the first controller of a first energy storage circuit and a second controller of the second energy storage circuit [Hall figs 3 and 5]; and the second controller not responding to the signal concurrently with the first controller [Hall ¶51 reasonably discloses that different battery controllers respond to the signal at different times where a pack is mentioned as faulting and not being able to connect with the rest of the string].
The combination fails to disclose, receiving the signal at a same time.
However, Sam discloses, receiving the signal at a same time [¶37 which discloses a signal being applied simultaneously through at least two series connected batteries].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the battery systems of Hall and Xi with Sam to receive signals to the battery units at the same time in order to improve power and switching efficiency within the circuit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel Instone whose telephone number is (571)272-1563. The examiner can normally be reached M-F 8-4 EST.
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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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/NATHAN J INSTONE/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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