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 .
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 1-4, 6-15, & 17-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 6 of copending Application No. 18/361906 (reference application) in view of Fasching et al. (USPGPN 2023/0318346 – effectively filed Mar. 30, 2022. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the table below:
Instant Application 18/433494
Reference Application 18/361906
1. (also claim 12) A charging method, applied to a battery management module of a battery and comprising:
sending a first command to a charging device, the first command being used to control the charging device to output an oscillation current to the battery during a first time period in a charging process, wherein the oscillation current comprises n cycle periods, n being a positive integer greater than 1, each of the cycle periods comprises a first sub-period and a second sub-period, a current output by the charging device during the first sub-period is a first current, a current output by the charging device during the second sub-period is a second current, and a direction of the first current is opposite to that of the second current; and
sending a second command to the charging device, the second command being used to instruct the charging device to charge the battery during a second time period in the charging process.
1. A charge method, comprising:
obtaining temperature of a battery; and in response to the temperature of the battery being lower than a preset temperature threshold,
determining to use a first charge current to charge the battery until the battery meets a preset condition, and then determining to use a second charge current to charge the battery, wherein the first charge current is used for heating the battery during charging, and the first charge current is greater than the second charge current;
wherein the first charge current comprises a pulse current and the second charge current comprises a constant direct current.
6. The charge method according to claim 1, wherein the first charge current comprises the pulse current for alternately charging and discharging the battery.
2. (also claim 13) The charging method according to claim 1, characterized in that the charging process comprises at least one first time period and at least one second time period.
1. … determining to use a first charge current to charge the battery until the battery meets a preset condition, and then determining to use a second charge current to charge the battery
3. (also claim 14) The charging method according to claim 1, characterized in that the first current is a charging current of the battery, the second current is a discharging current of the battery, and a quantity of electricity charged with the first current during the first sub-period is less than or equal to a quantity of electricity discharged with the second current during the second sub-period.
6. The charge method according to claim 1, wherein the first charge current comprises the pulse current for alternately charging and discharging the battery.
11. The charging method according to claim 1, characterized in that the sending a first command to a charging device comprises: sending the first command to the charging device when it is determined that the battery meets at least one of the following conditions: a temperature of the battery is less than or equal to a first threshold;
1. … in response to the temperature of the battery being lower than a preset temperature threshold, determining to use a first charge current to charge the battery until the battery meets a preset condition
Claims 1, 3, 4, 6-10, 12, 14, 15, & 17-20 differ of the instant application differ from the reference application in the following ways and are obvious modifications in view of Fasching as indicated below.
Regarding Claims 1 & 12, the reference application does not claim a battery management module sending the commands. However, Fasching (Figs. 2B, 3A, 11A, 11B, & 11D) teaches a battery management module (114) sending the commands to a charging device (202).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to implement the method on a battery management module communicating with a charging device. Doing so allows the system to be repeated and managed without human interaction.
Regarding Claims 3 & 14, the reference application does not claim a quantity of electricity charged with the first current during the first sub-period is less than or equal to a quantity of electricity discharged with the second current during the second sub-period. However, Fasching teaches a quantity of electricity charged with the first current during the first sub-period is less than or equal to a quantity of electricity discharged with the second current during the second sub-period (1110 shows a flat SOC change; ¶0203: +Iph/-Iph are equal and opposite).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to have the quantity of electricity charged with the first current during the first sub-period is less than or equal to a quantity of electricity discharged with the second current during the second sub-period. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claims 4 & 15, the reference application does not claim the duration of the first sub-period is shorter than or equal to a duration of the second sub-period.
However, Fasching teaches the duration of the first sub-period is shorter than or equal to a duration of the second sub-period (¶0203: equal duration).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to have the duration of the first sub-period is shorter than or equal to a duration of the second sub-period. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claims 6 & 17, the reference application does not claim the first sub-period and/or the second sub-period is 2 ms.
However, Fasching teaches the first sub-period and/or the second sub-period is 2 ms. (Examiner’s Note: 2ms first and/or second sub-period would be equal to a 4ms cycle period, or a 250Hz frequency; ¶0206: frequency range of 100Hz to 100 kHz).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to have the first sub-period and/or the second sub-period be 2 ms. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claims 7 & 18, the reference application does not claim a number n of the cycle periods is 10000.
However, Fasching teaches a number n of the cycle periods is 10000 (Fig.11B example shows 1110 lasting approx. 85% of 1 minute, or 51 seconds; ¶0206: frequency range of 100Hz to 100kHz would be a cycle count range of 5100 to 5,100,000).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to have a number n of the cycle periods is 10000. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claims 8 & 19, the reference application does not claim obtaining a state of charge SOC and a state of health SOH of the battery; and determining a maximum magnitude of the first current and/or the second current based on the SOC and the SOH.
However, Fasching teaches obtaining a state of charge SOC (2102) and a state of health SOH (2104) of the battery; and determining a maximum magnitude of the first current and/or the second current based on the SOC and the SOH (2112; ¶0267: values, ranges, or limits of current amplitude in positive and negative preheat pulse).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to obtain an SOC and SOH for determining the maximum magnitude of the first current and/or second current. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claim 9, the reference application does not claim the first command comprises a maximum magnitude of the first current and/or the second current.
However, Fasching teaches that the first command comprises a maximum magnitude of the first current and/or the second current (¶0269: each phase of protocol 1100 can be performed with these settings, which would include the relatively high amplitude/limit for accelerated heating-¶0268).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to have the first command comprises a maximum magnitude of the first current and/or the second current. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
Regarding Claims 10 & 20, the reference application does not claim sending the first command to the charging device when the battery is connected to the charging device.
However, Fasching teaches sending the first command to the charging device when the battery is connected to the charging device (Fig.2B; process is performed when the energy source 206 is connected to converter 202).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reference application with Fasching to send the first command to the charging device when the battery is connected to the charging device. Doing so allows the battery to be heated without activation of electrochemical reactions which would cause decomposition, as evidenced by Fasching (¶0207).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(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.
Claim(s) 1-4, 6-15, & 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fasching et al. (USPGPN 2023/0318346 – effectively filed Mar. 30, 2022).
Regarding Claims 1 & 12, Fasching (Figs. 2B, 3A, 11A, 11B, & 11D) teaches a charging method, applied to a battery management module (114) of a battery (206) and comprising:
sending a first command to a charging device (202), the first command being used to control the charging device (¶0098: LCD 114 controls converter 202) to output an oscillation current to the battery during a first time period in a charging process (1110), wherein the oscillation current comprises n cycle periods (1112), n being a positive integer greater than 1 (1112 comprises at least 1 +Iph & -Iph cycle period), each of the cycle periods comprises a first sub-period (+Iph period) and a second sub-period (-Iph period), a current output by the charging device during the first sub-period is a first current (+Iph), a current output by the charging device during the second sub-period is a second current (-Iph), and a direction of the first current is opposite to that of the second current (¶0203: preheat current and negative preheat current); and
sending a second command to the charging device, the second command being used to instruct the charging device to charge the battery during a second time period in the charging process (1120).
Regarding Claims 2 & 13, Fasching further teaches that the charging process comprises at least one first time period and at least one second time period (Fig.11A: 1110 & 1120).
Regarding Claims 3 & 14, Fasching (Figs.11A & 11D) further teaches that the first current is a charging current of the battery (+Iph), the second current is a discharging current of the battery (-Iph), and a quantity of electricity charged with the first current during the first sub-period is less than or equal to a quantity of electricity discharged with the second current during the second sub-period (1110 shows a flat SOC change; ¶0203: +Iph/-Iph are equal and opposite).
Regarding Claims 4 & 15, Fasching further teaches that a duration of the first sub-period is shorter than or equal to a duration of the second sub-period (¶0203: equal duration).
Regarding Claims 6 & 17, Fasching further teaches that the first sub-period and/or the second sub-period is 2 ms (Examiner’s Note: 2ms first and/or second sub-period would be equal to a 4ms cycle period, or a 250Hz frequency; ¶0206: frequency range of 100Hz to 100 kHz).
Regarding Claims 7 & 18, Fasching further teaches that a number n of the cycle periods is 10000 (Fig.11B example shows 1110 lasting approx. 85% of 1 minute, or 51 seconds; ¶0206: frequency range of 100Hz to 100kHz would be a cycle count range of 5100 to 5,100,000).
Regarding Claims 8 & 19, Fasching (Fig.21) further teaches that the method further comprises: obtaining a state of charge SOC (2102) and a state of health SOH (2104) of the battery; and
determining a maximum magnitude of the first current and/or the second current based on the SOC and the SOH (2112; ¶0267: values, ranges, or limits of current amplitude in positive and negative preheat pulse).
Regarding Claim 9, Fasching further teaches that the first command comprises a maximum magnitude of the first current and/or the second current (¶0269: each phase of protocol 1100 can be performed with these settings, which would include the relatively high amplitude/limit for accelerated heating-¶0268).
Regarding Claims 10 & 20, Fasching further teaches that the sending a first command to a charging device comprises: sending the first command to the charging device when the battery is connected to the charging device (Fig.2B; process is performed when the energy source 206 is connected to converter 202).
Regarding Claim 11, Fasching further teaches that the sending a first command to a charging device comprises:
sending the first command to the charging device when it is determined that the battery meets at least one of the following conditions:
a temperature of the battery is less than or equal to a first threshold (¶0202: 1110 is performed until a first temperature threshold is reached);
the battery is being charged in fast charging mode, the fast charging mode being a charging mode with a charging speed greater than or equal to a second threshold;
the battery has completed x cycles of charging and discharging, x being a positive integer;
the battery has lost y% of its capacity, y being a positive number; and
the battery has been in service for z days, z being a positive integer.
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.
Claim(s) 5 & 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fasching.
Regarding Claims 5 & 16, Fasching, as modified, further teaches the output frequency of the charging device has a maximum output frequency (¶0206: frequency range of 100Hz to 100kHz) and determining a duration of the cycle period based on the maximum output frequency (frequency is an inverse of the duration of the cycle period).
Fasching, as modified, teaches the claimed invention except that it fails to explicitly teach that the battery management module receives a maximum output frequency of the charging device sent by the charging device. It would have been obvious to one having ordinary skill in the art effective filing date of the invention to have the charging device send the maximum output frequency to the battery management module since it was known in the art that communication between systems is general knowledge in the art and having the charging device store and communicate a maximum output frequency would allow the battery management module to reduce its memory storage requirement and increase its usability by allowing it be used with a different charging device which may have a different maximum output frequency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
NA et al. (USPGPN 2023/0018424) teaches a system for pulse charging a battery.
Khoshkbar-Sadigh et al. (USPGPN 2023/0336007) teaches a system for pulse charging a battery.
Konopka et al. (USPGPN 2024/0178696) teaches a system for pulse charging a battery.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P ONDRASIK whose telephone number is (703)756-1963. The examiner can normally be reached Monday - Friday 7:30 a.m. - 5 p.m. ET.
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/JOHN P ONDRASIK/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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