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 .
Claim Objections
Claims 2 and 10 are objected to because of the following informalities:
Regarding claim 2, the recitations of “a preset temperature” and “a first discharge” in line 2 are suggested to change to - - the preset temperature - - and - - the first discharge - -.
Regarding claim 10, the recitation of “a first discharge current” in line 2 is suggested to change to - - the first discharge current - -.
Appropriate corrections are required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a signal acquisition unit” and “a processing unit” in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2019/0027792, cited by applicant) in view of Wu et al. (CN 104347896B, English machine translation, cited by applicant).
Regarding claim 1, Sun teaches a method for discharging a battery (lithium-ion battery), comprising: obtaining a temperature of the battery ([0027] and [0038]); and determining, when the temperature of the battery is lower than a preset temperature threshold ([0038]), to discharge the battery based on a first discharge current (high frequency oscillation current), and then determining to discharge the battery based on a second discharge current (middle frequency two-wat oscillation current) ([0139]-[0141]); wherein the first discharge current is used for heating the battery during discharging ([0139]-[0141] and [0183]); and the first discharge current is greater than the second discharge current ([0027]).
Sun further teaches threshold of the temperature of the battery ([0053] and [0139]-[0141] and[0183]) but silent to a preset condition.
However, Wu teaches method for discharging a battery comprising a preset condition ([0010] and [0016]).
In view of Wu’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sun by incorporating the teaching as taught by Wu in order to improve the service life of the battery (see Wu: [0002], [0006] and [0019]).
Regarding claim 2, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein determining, when the temperature of the battery is lower than a preset temperature threshold, to discharge the battery based on a first discharge current comprises: determining, when the temperature of the battery is lower than the temperature threshold and a state of charge (SOC) of the battery is greater than a preset SOC threshold, to discharge the battery based on the first discharge current (Sun: [0029] and [0036]. Wu: [0016]).
Regarding claim 3, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches wherein determining, when the temperature of the battery is lower than the temperature threshold and a state of charge (SOC) of the battery is greater than a preset SOC threshold, to discharge the battery based on the first discharge current comprises: determining, when the temperature of the battery is lower than the temperature threshold, the SOC of the battery is greater than the SOC threshold, and discharge power of the battery needs to be increased, to discharge the battery based on the first discharge current ([0139] and [0183]-[0184]).
Regarding claim 4, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the preset condition comprises that the temperature of the battery is higher than or equal to the temperature threshold and/or that the SOC of the battery is less than or equal to the SOC threshold (Sun: [0139] and [0184]. Wu: [0010] and [0016]).
Regarding claim 5, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the first discharge current is at least one of a pulse current, a constant-voltage discharge current, and a constant-power discharge current, and the second discharge current is a direct current (Sun: [0136]. Wu: [0011] and [0019]).
Regarding claim 6, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein a duty cycle of the pulse current is greater than or equal to 0.01 and less than or equal to 50 (Sun: [0136]. Wu: [0014]).
Regarding claim 7, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the first discharge current is greater than or equal to 0.2C and smaller than or equal to 10C (Sun: [0134]-[0135]. Wu: [0010]).
Regarding claim 8, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches wherein the method is executed by a battery management system (BMS) of the battery ([0135] and [0137]).
Regarding claim 9, Sun teaches an apparatus for discharging a battery ([0236]), comprising a signal acquisition unit configured to obtain a temperature of the battery ([0145]); and a processing unit configured to determine, when the temperature of the battery is lower than a preset temperature threshold ([0038]), to discharge the battery based on a first discharge current (high frequency oscillation current), and then determining to discharge the battery based on a second discharge current (middle frequency two-wat oscillation current) ([0139]-[0141]); wherein the first discharge current is used for heating the battery during discharging ([0139]-[0141] and [0183]); and the first discharge current is greater than the second discharge current ([0027]).
Sun further teaches threshold of the temperature of the battery ([0053] and [0139]-[0141] and[0183]) but silent to a preset condition.
However, Wu teaches method for discharging a battery comprising a preset condition ([0010] and [0016]).
In view of Wu’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sun by incorporating the teaching as taught by Wu in order to improve the service life of the battery (see Wu: [0002], [0006] and [0019]).
Regarding claim 10, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein in determining to discharging the battery based on a first discharge current, the processing unit is configured to: determining, when the temperature of the battery is lower than the temperature threshold and a state of charge (SOC) of the battery is greater than a preset SOC threshold, to discharge the battery based on the first discharge current (Sun: [0029] and [0036]. Wu: [0016]).
Regarding claim 11, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches wherein in determining, when the temperature of the battery is lower than the temperature threshold and a state of charge (SOC) of the battery is greater than a preset SOC threshold, to discharge the battery based on the first discharge current, the processing unit is configured to: determining, when the temperature of the battery is lower than the temperature threshold, the SOC of the battery is greater than the SOC threshold, and discharge power of the battery needs to be increased, to discharge the battery based on the first discharge current ([0139] and [0183]-[0184]).
Regarding claim 12, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the preset condition comprises that the temperature of the battery is higher than or equal to the temperature threshold and/or that the SOC of the battery is less than or equal to the SOC threshold (Sun: [0139] and [0184]. Wu: [0010] and [0016]).
Regarding claim 13, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the first discharge current is at least one of a pulse current, a constant-voltage discharge current, and a constant-power discharge current, and the second discharge current is a direct current (Sun: [0136]. Wu: [0011] and [0019]).
Regarding claim 14, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein a duty cycle of the pulse current is greater than or equal to 0.01 and less than or equal to 50 (Sun: [0136]. Wu: [0014]).
Regarding claim 15, Sun as modified by Wu teaches all subject matter claimed as applied above. Both Sun and Wu further teach wherein the first discharge current is greater than or equal to 0.2C and smaller than or equal to 10C (Sun: [0134]-[0135]. Wu: [0010]).
Regarding claim 16, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches wherein the method is executed by a battery management system (BMS) of the battery ([0135] and [0137]).
Regarding claim 17, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches an apparatus (fig. 11, [0236]) for discharging a battery, comprising a memory and a processor ([0227]-[0229]), wherein the memory stores computer instructions, and the processor invokes the computer instructions to cause the apparatus to implement the method for discharging a battery according to claim 1 ([0227]-[0236]).
Regarding claim 18, Sun as modified by Wu teaches all subject matter claimed as applied above. Sun further teaches a non-transitory computer-readable storage medium, configured to store a computer program, wherein when the computer program is executed by a computing device, the computing device is caused to implement the method for discharging a battery according to claim 1 ([0227]-[0236]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
References: Chen et al. (US 2023/0207915); Zhang et al. (US 2020/0280110); Kim et al. (US 10,711,757); Tang et al. (EP 3370299A1) and Nishimura et al. (US 2011/0193529) are cited because they are related to battery charging and discharging apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUYEN K VO/Primary Examiner, Art Unit 2876
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