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 .
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.
Such claim limitation(s) is/are indicated in the table below, along with corresponding structure and/or lack thereof:
Claim limitation
Claim Numbers
Structure (PGPUB citation)
“communications means”
1, 17
No clear structure
“connection means”
1, 17
Plug connectors and functional equivalents [0009] & [0038]
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 § 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 1-24 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 limitation “communication means” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Furthermore, claim 24 recites “a mutual check”. It is unclear what is meant by a “mutual check” and the specification does not shed light on the meaning.
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 1-24 have been found indefinite for reciting the 112(f) limitation "communication means" in claims 1 and 17 for which there is not adequate structure disclosed for performing the corresponding function of "for communication with the battery system and further battery modules in the battery system"; therefore there is a lack of written description since an indefinite unbounded functional limitation would cover all ways of performing a function, known and unknown, and would indicate that the inventor has not provided sufficient disclosure to show possession of the invention.
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)(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.
(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 1-14, 16-21 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheucher US PGPUB 2008/0053716.
Regarding claim 1, Scheucher discloses an autonomously operable battery module for a battery system of a satellite or spacecraft [par. 218; the modular battery system of fig. 1 can be used in a spacecraft], with a carrier board on which a plurality of battery cells and operating components for temperature control of the battery cells charge balancing between the battery cells and for monitoring the battery cells are arranged [figs. 1, 1C-1H & 5; shelves 103 hold for the battery cells 102; the shelves 103 hold battery interface circuits (“140, 141, 142, 143”) as well as the other components including controller for temperature (i.e. 495 which controls the fans according to temperature measurements, par. 220) individual interface circuits for each battery are on 110, with a processor 495 that controls temperature and balances charge status of the cells (“equalize…electrical status”, “equality in charge”); pars. 126, 133, 214, 216, 220, 226-227, 266 & 371],
wherein communication means are also present on the carrier board for communication with the battery system and further battery modules in the battery system [pars. 222, 225, 227-228, 230 & 248-249; the interface circuit of fig. 5 includes communication means like the information bus], and
connection means for electrical series and/or parallel coupling with one or more
other similar battery modules are arranged on the carrier board [pars. 71, 90, 169 & 379; the cells can be connected in series or parallel or both].
Regarding claim 2, Scheucher discloses wherein the carrier board has first and second holding devices and the battery cells are clamped between a first and a second holding device [figs. 1C, 1G & 2; pars. 218, 221, 226, 229; the batteries are held by supports 105 and clamped in between the supports using a spring-loaded locking mechanism that uses the recess 106 as a lock].
Regarding claim 3, Scheucher discloses wherein one of the first holding devices is arranged on opposite side edges of the carrier board [fig. 1C, on the opposite side of the carrier board (i.e. the bottom carrier board; fig. 1)].
Regarding claim 4, Scheucher discloses wherein the second holding devices are arranged between the first holding devices [fig. 1C, a plurality of second holding devices 105 are central between holding device 105 on side edges of the carrier device (like the second and fourth support 105 for example or as in fig. 2A)].
Regarding claim 5, Scheucher discloses wherein the battery cells are arranged lying on the carrier board [figs. 1-1D, cells 102 are the shelves 103].
Regarding claim 6, Scheucher discloses wherein the battery cells are arranged next to one another [fig. 1] and/or one behind one another with respect to their longitudinal axis, wherein the battery cells on the carrier board are electrically interconnected or can be interconnected in parallel and/or series [pars. 71, 90, 169 & 379; the cells can be connected in series or parallel or both].
Regarding claim 7, Scheucher discloses wherein structural elements are arranged at least in regions between adjacent battery cells, which elements are designed for passive temperature control of the battery cells, wherein the structural elements are adapted, at least in regions, to an external shape of the battery cells [fig. 1-1A & 1C; spacer 105 separate the batteries and allow for passive temperature control by passively reducing the heat radiating from one battery to another, they are shaped to fit the battery cells].
Regarding claim 8, Scheucher discloses wherein the structural elements are integrated into the holding devices [fig. 1-1A & 1C; spacer 105 is the holding device, thus integrated into].
Regarding claim 9, Scheucher discloses wherein the carrier board has one or more heating elements [figs. 1-1D; the battery cells can be used as heating elements; pars. 298 & 356].
Regarding claim 10, Scheucher discloses wherein one heating element is respectively provided for simultaneously heating at least two adjacent battery cells on the carrier board [fig. 1, when four battery cells are on the shelf, one of the two middle cells acts as a heating element for the others].
Regarding claim 11, Scheucher discloses wherein the carrier board has one or more temperature sensors which are provided for thermally contacting the battery cells [fig. 1I; temperature sensor 144 on 103; par. 230].
Regarding claim 12, Scheucher discloses wherein connection poles of the battery cells are electrically connected to current paths of the carrier board by means of cell connectors [par. 228, battery contacts connected to carrier board 103 via 131a/132a].
Regarding claim 13, Scheucher discloses wherein the carrier board has at least one unit for monitoring and balancing the charge of the battery cells in at least one free space between the battery cells [pars. 226 & 371; the cells are monitored and balanced using the interface circuits illustrated in fig. 5; the interface circuit 142 is in a free space in between the cells which would be attached to interface circuits 141 and 143].
Regarding claim 14, Scheucher discloses wherein the carrier board has at least one regulation and and/or control device in at least one free space between the battery cells for controlling a charging and discharging operation of the battery cells [pars. 69, 126, 226 & 371; the cells are monitored and balanced (controlled/regulated using the interface circuits illustrated in fig. 5; the interface circuit 142 is in a free space in between the cells which would be attached to interface circuits 141 and 143].
Regarding claim 16, Scheucher discloses wherein the first and second holding devices of the carrier board are designed for mechanical connection to a carrier board of a further battery module stacked above it and/or to a termination board.
Regarding claim 17, Scheucher discloses a battery system of a satellite or spacecraft [par. 218; the modular battery system of fig. 1 can be used in a spacecraft], with at least two autonomously operable battery modules wherein the at least two battery modules are constructed identically and each have a carrier board on which a plurality of battery cells and operating components for temperature control of the battery cells, for charge balancing between the battery cells and for monitoring the battery cells are arranged [fig. 60; pars. 14, 27 & 234-235; a plurality of the modular battery devices can be combined to scale the size of the power system; figs. 1, 1C-1H & 5; shelves 103 hold for the battery cells 102; the shelves 103 hold battery interface circuits (“140, 141, 142, 143”) as well as the other components including controller for temperature (i.e. 495 which controls the fans according to temperature measurements, par. 220) individual interface circuits for each battery are on 110, with a processor 495 that controls temperature and balances charge status of the cells (“equalize…electrical status”, “equality in charge”); pars. 126, 133, 214, 216, 220, 226-227, 266 & 371],
wherein communication means are also present on the carrier board for communication with the battery system and the at least one further battery module in the battery system [pars. 341-342; a hierarchical arrangement of modular battery devices can be formed with management being performed by a gateway device, thus communication means in each of the devices is present; pars. 222, 294 & 296; fig. 4C; the interface circuit of the modular devices includes a serial interface as well as an ethernet device]
wherein the at least two battery modules are electrically coupled in series and/or
parallel by means of connection means which are arranged on the carrier board [pars. 71, 90, 169 & 379; the cells can be connected in series or parallel or both].
Regarding claim 18, Scheucher discloses wherein the at least two battery modules are arranged in a battery housing, in particular wherein at least one of the battery modules is completed with a termination board which is arranged on a holding device of the at least one battery module, in particular wherein the topmost battery module in a stacking direction is completed with the termination board [fig. 1; a plurality of the battery modules in a box (thus termination boards on the top and sides near at least one battery module)].
Regarding claim 19, Scheucher discloses wherein the battery housing has respective holders for fixing to a mounting plate and/or wherein the battery housing has at least one electrical plug connector for power supply and/or for transmitting data [fig. 2L; pars. 46-47,120 & 243; power receptacles 255].
Regarding claim 20, Scheucher discloses wherein the termination board has at least one electrical connection for an onboard data connection and/or an electrical connection for programming a regulation and/or control device [figs. 1D-1H; par. 227; the interface circuits with data, control and electrical connections can be on the termination board 110 which is on one side of the rack (fig. 1D)].
Regarding claim 21, Scheucher discloses a method for operating a battery system with at least two autonomously operable battery modules [fig. 60; pars. 14, 27 & 234-235; a plurality of the modular battery devices can be combined to scale the size of the power system; figs. 1, 1C-1H & 5; shelves 103 hold for the battery cells 102; the shelves 103 hold battery interface circuits (“140, 141, 142, 143”) as well as the other components including controller for temperature (i.e. 495 which controls the fans according to temperature measurements, par. 220) individual interface circuits for each battery are on 110, with a processor 495 that controls temperature and balances charge status of the cells (“equalize…electrical status”, “equality in charge”); pars. 126, 133, 214, 216, 220, 226-227, 266 & 371], wherein end-of-charge voltages of the battery cells of battery modules are selected according to operating parameters [pars. 67-68 & 266; nominal “fully charged” voltages are selected according to the battery type] and/or are set by means of a unit for monitoring and balancing the charge of battery cells of at least one battery module.
Regarding claim 23, Scheucher discloses wherein a charging and discharging operation of the battery cells is controlled and/or regulated by means of distributed communication with regulation and and/or control devices of the individual battery modules [pars. 213, 220, 227, 230, 235, 239, 245, 248 & 250; charging and discharging is regulated by control signals].
Regarding claim 24, Scheucher discloses wherein a mutual check of the individual battery modules is carried out via the regulation and/or control devices of the battery modules [pars. 28-32, 213, 220, 227, 230, 235, 239, 245-246, 248 & 250; the controller check the voltages and statuses of the respective modules].
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 15 & 22 are rejected under 35 U.S.C. 103 as being unpatentable over Scheucher US PGPUB 2008/0053716 in view of in view of Niedzwiecki et al. US PGPUB 2022/0311081
Regarding claim 15, Scheucher does not explicitly disclose wherein the carrier board has at least one CAN transceiver in at least one free space between the battery cells for communication with other battery modules and/or the battery system.
However, Niedzwiecki discloses a spacecraft battery system [par. 335; fig. 1A & 24A] wherein the carrier board has at least one CAN transceiver in at least one free space between the battery cells for communication with other battery modules and/or the battery system [fig. 24A; CAN bus 515 between sets of battery cells ].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Scheucher to further include wherein the carrier board has at least one CAN transceiver in at least one free space between the battery cells for communication with other battery modules and/or the battery system for the purpose of communicating information, as taught by Niedzwiecki (pars. 231, 238 & 245).
Regarding claim 22, Scheucher discloses wherein external communication of the battery system and/or an internal communication between the battery modules is carried out via at least one CAN network.
However, Niedzwiecki discloses a spacecraft battery system [par. 335; fig. 1A & 24A] wherein external communication of the battery system and/or an internal communication between the battery modules is carried out via at least one CAN network [fig. 24A; CAN bus 515 between sets of battery cells].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Scheucher to further include wherein external communication of the battery system and/or an internal communication between the battery modules is carried out via at least one CAN network for the purpose of communicating information, as taught by Niedzwiecki (pars. 231, 238 & 245).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Burke US PGPUB 2017/0141369 discloses a battery system for a space station.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID V HENZE/Primary Examiner, Art Unit 2859
Prosecution Insights