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 .
Status of Claims
Claims 3 and 10 are withdrawn.
Claims 1-2, 4-9 and 11 are rejected.
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)(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, 4-8, and 11 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Stefanopoulou et al. (US 20160185251 A1, “Stefanopoulou”) and evidenced by Tippmann et al. (Simon Tippmann, Daniel Walper, Luis Balboa, Bernd Spier, Wolfgang G. Bessler, Low-temperature charging of lithium-ion cells part I: Electrochemical modeling and experimental investigation of degradation behavior, Journal of Power Sources, Volume 252, 2014, Pages 305-316).
Regarding claim 1, Stefanopoulou discloses a battery heating method (see abstract “method in which a battery is warmed up”; see [0038] “method for heating a battery”), performed by a battery management system (BMS) (see abstract “battery management system”), comprising: acquiring a first temperature and a first state of charge of a battery (see [0030] “initial temperature of the battery is below a temperature threshold”; see [0038] “initial temperature” & “state of charge”; see [0039] “sensing at least one temperature of the battery; sensing at least one terminal voltage of the battery” & “wherein the current is characterized by solving an optimization problem that minimizes a cost. The optimization problem can comprise one or both constraints on voltage and current”), wherein the first temperature and the first state of charge are temperature and state of charge of the battery at a current time, respectively (see [0118] “energy is shuttled between the battery and the auxiliary storage element to warm-up the battery and the magnitude of the current is computed by solving real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics” and real-time reads on current time); determining a first current frequency based on the first temperature and the first state of charge by searching one or more first data tables that are prestored in the BMS (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “controller of the battery management system may include a memory” & “capable of storing instructions” & “look-up tables”; [0040] which describes “current can be a bi-directional pulse, and the period of time can be the period of a pulse train of current. Current can be drawn until the power capability of the battery reaches a pre-specified level” & “current is drawn until a power demand is met” which describes current & power demand & Table III in [0081] describes “SOC” and [0071] describes “optimization problem” & FIG. 6 & is solved with blocks which reads on determining a first current frequency & “pre-specified level” in [0040] reads on prestored in the BMS), wherein the one or more first data tables include correspondences between the first temperature, the first state of charge, and the first current frequency under a condition of the first current amplitude (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “look-up tables” & “temperature sensors, current sensors, voltage sensors”; see [0050] “temperature changes for a particular SOC”); and heating the battery based on the first current amplitude and the first current frequency by using a discharge device (see [0036] “controller” & “processor” “capable of executing instructions stored in the memory and/or performing calculations” which reads on a discharge device; see [0038] “pulsed current” “shuttling energy raises the temperature of the battery to meet power demand”; [0071] “the problem of current magnitude determination is solved in blocks”); wherein heating the battery based on the first current amplitude and the first current frequency comprises: starting from a first time instance, heating the battery based on the first current amplitude and the first current frequency for a first preset period (see [0118] “real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics”; see [0038] “heating a battery” & “bi-directional current shuttles energy between the energy storage element and the battery” & “pulsed currents” & “current that can be drawn over a fixed time interval” & “charging current of the charging phase”); wherein after heating the battery based on the first current amplitude and the first current frequency for the first preset period, the method further comprises: when a second time instance is reached, reacquiring the first temperature and the first state of charge of the battery (see [0118] “real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics”; see [0038] “the bi-directional current can be a pulsed current with equal durations of charging and discharging phases”), wherein a period between the second time instance and the first time instance is equal to the first preset period (see FIG. 6 & [0118] describes real-time predictive optimization”).
Regarding the limitations acquiring a first temperature and a first state of charge of a battery; determining a first current frequency based on the first temperature and the first state of charge by searching one or more first data tables that are prestored in the BMS, Tippmann provides evidence of low temperature charging (see Title) & frequency analysis (see P308).
Regarding claim 4, Stefanopoulou discloses a battery heating method, performed by a battery management system (BMS) (see abstract “method in which a battery is warmed up” & “battery management system” & see [0038] “method for heating a battery”), comprising: acquiring a first temperature and a first state of charge of a battery (see [0030] “initial temperature of the battery is below a temperature threshold”; see [0038] “initial temperature” & “state of charge”; see [0039] “sensing at least one temperature of the battery; sensing at least one terminal voltage of the battery” & “wherein the current is characterized by solving an optimization problem that minimizes a cost. The optimization problem can comprise one or both constraints on voltage and current”), wherein the first temperature and the first state of charge are temperature and state of charge of the battery at a current time, respectively (see [0118] “Energy is shuttled between the battery and the auxiliary storage element to warm-up the battery and the magnitude of the current is computed by solving real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics” and real-time reads on current time); determining a first current frequency based on the first temperature and the first state of charge by searching one or more first data tables that are prestored in the BMS (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “controller of the battery management system may include a memory” & “capable of storing instructions” & “look-up tables”), wherein the one or more first data tables include correspondences between the first temperature, the first state of charge, and the first current frequency under a condition of a first current amplitude (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “look-up tables” & “temperature sensors, current sensors, voltage sensors”; see [0050] “temperature changes for a particular SOC”); acquiring a second current amplitude, wherein the second current amplitude is a current amplitude determined based on the maximum allowable current at the discharge device (see [0118] “real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics”; see [0036] “controller of the battery management system” & “processor” & see [0038] “pulsed currents” & “(d) maximum current constraint of a cell of the battery”); determining a third current frequency based on the second current amplitude (see [0030] “bi-directional current”; see [0038] “(c) a minimum current constraint of a cell of the battery” & “(d) a maximum current constraint of a cell of the battery” & see [0118] “real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics”), wherein the third current frequency is a safe current frequency for heating the battery under the second current amplitude (see FIG. 4; see [0056] “kth instance”); and heating the battery based on the second current amplitude and a larger one of the first current frequency and the third current frequency by using the discharge device (see [0036] “controller of the battery management system” & “processor” which reads on discharge device; see [0071] “period of current” & “current magnitude determination is solved in blocks. Periods in the prediction horizon are binned into blocks, with each block consisting of a pre-set number of pulse periods” & see FIG. 6; see [0118] “real-time predictive optimization problems” reads on larger one of the first current frequency and the third current frequency by executing the optimization).
Regarding claim 5, Stefanopoulou discloses a battery heating method, performed by a battery management system (BMS) (see abstract “method in which a battery is warmed up” & “battery management system”; see [0038] “method for heating a battery”), comprising: acquiring a second temperature and a second state of charge of a battery, wherein the second temperature is a battery temperature collected in real-time (see [0118] “Energy is shuttled between the battery and the auxiliary storage element to warm-up the battery and the magnitude of the current is computed by solving real-time predictive optimization problems that utilize a model of electrical and thermal cell dynamics” and real-time reads on current time); determining a third current amplitude based on the second temperature and the second state of charge by searching one or more third data tables that are prestored in the BMS (see [0050] “SOC”; see [0034] “temperature” & “current” & “can be monitored by the controller of the battery management system”; see [0036] “look-up tables”), wherein the one or more third data tables include correspondences between the second temperature, the second state of charge, and the third current amplitude under a condition of a fourth current frequency (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “look-up tables” & “temperature sensors, current sensors, voltage sensors”); and heating the battery based on the fourth current frequency and the third current amplitude by using a discharge device (see [0036] “controller” & “processor” & “capable of executing instructions stored in the memory and/or performing calculations” which reads on a discharge device); wherein heating the battery based on the fourth current frequency and the third current amplitude comprises: starting from a third time instance, heating the battery based on the fourth current frequency and the third current amplitude for a second preset period (see [0118] “real-time predictive optimization”); wherein after heating the battery based on the fourth current frequency and the third current amplitude for the second preset period, the method further comprises: when a fourth time instance is reached, reacquiring the second temperature and the second state of charge of the battery, wherein a period between the fourth time instance and the third time instance is equal to the second preset period (see [0118] “real-time predictive optimization”; see [0030] below a temperature threshold”; see [0039] “a fraction of the temperature rise of the battery over the same period of time”).
Regarding claim 6, Stefanopoulou discloses the battery heating method of claim 5 and further discloses wherein after determining the third current amplitude, the method further comprises: acquiring an output voltage of the battery (see [0030] “minimum terminal voltage constraint of a cell of the battery”); and heating, under a condition that the output voltage is less than a voltage threshold (see [0030] “minimum” & “maximum terminal voltage constrain of a cell of the battery”), the battery based on a preset fifth current frequency and a third current amplitude (see [0118] “real-time predictive optimization”); wherein heating the battery based on the fourth current frequency and the third current amplitude comprises: heating the battery based on the fourth current frequency and the third current amplitude (see [0118] “real-time predictive optimization”) under a condition that the output voltage is greater than or equal to the voltage threshold (see [0030] “minimum” & “maximum” & “voltage”); wherein the fifth current frequency is greater than the fourth current frequency (see [0118]).
Regarding claim 7, Stefanopoulou discloses the battery heating method of claim 5 and further discloses wherein the third current amplitude is a positive current amplitude (see [0038] “the bi-directional current can be a pulsed current with equal durations of charging and discharging phases”); and wherein heating the battery based on the fourth current frequency and the third current amplitude comprises: heating the battery based on the fourth current frequency, the third current amplitude (see [0118] “real-time predictive optimization”), and a preset first negative current amplitude (see [0030] “minimum current” & “maximum current”; see [0031] “a charging current of the shuttling of the energy can be less than a discharge current of the shuttling of the energy”).
Regarding claim 8, Stefanopoulou discloses the battery heating method of claim 7 and further discloses wherein after determining the third current amplitude, the method further comprises: acquiring an output voltage of the battery (see [0030] “minimal terminal voltage constraint of a cell of the battery”); and heating, under a condition that the output voltage is less than a voltage threshold (see [0030] “minimum” & “maximum” & “voltage”), the battery based on the fourth current frequency, the third current amplitude, and a preset second negative current amplitude (see [0118] “real-time predictive optimization”); wherein heating the battery based on the fourth current frequency, the third current amplitude, and the preset first negative current amplitude comprises (see [0118]): heating, under a condition that the output voltage is greater than or equal to the voltage threshold, the battery based on the fourth current frequency, the third current amplitude, and the preset first negative current amplitude; wherein the preset first negative current amplitude is greater than the preset second negative current amplitude (see [0034] “battery management systems for electric vehicles may include an electronic controller to monitor various parameters associated with the operation of the battery. For example, temperature, pressure, current, voltage, capacity, and so forth can be monitored by the controller of the battery management system”; see [0012] “from a control perspective, the propensity of charging currents to cause plating can be minimized by actively regulating the electrode overpotential. In this disclosure, the anode polarization is indirectly controlled by enforcing the magnitude of charging currents to be less than the discharge portion of the pulse”).
Regarding claim 11, Stefanopoulou discloses the method of claim 1 and further discloses an electronic device (see abstract “electrical device”), comprising: a processor, a heating control module, and a memory storing instructions for execution by the processor; wherein when executed, the instructions cause the electronic device to perform the method (see abstract “battery is warmed up”; see [0038] “method for heating a battery”; see [0036] “battery management system may include a processor which may be any suitable microprocessor capable of executing instructions stored in the memory and/or performing calculations” & “battery management system may include memory” & “capable of storing instructions”).
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Stefanopoulou et al. (US 20160185251 A1, “Stefanopoulou”) and evidenced by Tippman et al. (Simon Tippmann, Daniel Walper, Luis Balboa, Bernd Spier, Wolfgang G. Bessler, Low-temperature charging of lithium-ion cells part I: Electrochemical modeling and experimental investigation of degradation behavior, Journal of Power Sources, Volume 252, 2014, Pages 305-316) as applied to claim 1 above and in further view of Altaf et al. (F. Altaf, B. Egardt and L. Johannesson Mårdh, "Load Management of Modular Battery Using Model Predictive Control: Thermal and State-of-Charge Balancing, in IEEE Transactions on Control Systems Technology…).
Regarding claim 2 and claim 9, Stefanopoulou discloses the method of claim 1 and the method of claim 5 and further discloses number of data tables (see [0036] “the controller of the battery management system may include a memory” & “capable of storing instructions” & “look-up tables”; see [0073] describes “thermal dynamics of a Li-ion cell is inherently stable, unless the temperature is increased to levels that may trigger thermal run-away” & “SOC” & “input current”). Stefanopoulou does not explicitly disclose acquiring a first state of health of the battery regarding claim 2 nor acquiring a second state of health of the battery regarding claim 9.
Altaf teaches “thermal and SOC imbalances can be considered as an indirect indication of either temporary or permanent health imbalance among cells” (see P47 col 2 par 2).
Stefanopoulou and Altaf are analogous to the current invention because they are related to the same field of endeavor, namely battery heating control methods (see title & P52 col 2 par 1 & par 2 “balancing controller”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate acquiring a state of health of the battery, suggested by Altaf (see P47 col 2 par. 2) into the method of Stefanopoulou because doing so enables a long lifetime of the battery as suggested by Altaf (see P47 col 2 par 1).
Regarding the battery heating method of claim 2 and claim 9, which requires the limitations determining a second data table associated with the first state of health from the N first data tables; and determining the first current frequency based on the first temperature, the first state of charge, and the second data table in claim 2; the limitations determining a fourth data table associated with the second state of health of the battery from the M third data tables; and determining the third current amplitude based on the second temperature, the second state of charge, and the fourth data table in claim 9, Stefanopoulou does not explicitly disclose.
Altaf teaches feedback control function (see equation (42) on P54) which describes data tables as matrices of data represented by the thermal control gain matrix and SOC control gain matrix (see P54 par 4). The function described by equation 42 is a function of each instant, k, which reads on second data table because each instant produces a new matrix.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate acquiring a state of health of the battery and then using that state of health to determine the next data table to be used in the following step into the method of Stefanopoulou because Altaf teaches matrices (see P54 equation (42)) which reads on data tables & equation 42 is a function of each time instant which produces a new matrix. Doing so promotes feedback control for the battery which improves the lifespan of the battery by monitoring the SOC and thermal gains (see P54 and FIG. 2).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 11 is rejected on the ground of nonstatutory double patenting as being
unpatentable over claim 11, 12, 17 and 18 of U.S. Patent No. US 12068466 B2.
Although the claims at issue are not identical, they are not patentably distinct from
each other because US 12068466 B2 recites an electronic device (see claim 18
“electronic apparatus”), comprising: a processor (see claim 13 and claim 14), a
heating control module (see claim 17 describes a control signal for providing
power to the battery to heat), and a memory storing instructions for execution
by the processor (see claim 12); wherein when executed, the instructions cause
the electronic device to perform the method (see claims 11-14).
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments on P8-10 “Stefanopoulou teaches is that the current frequency is predetermined, and based on the predetermined frequency, other parameters can be measured or calculated. This is clearly different from “acquiring temperature and state of charge of a battery,” then “determining a frequency by searching on or more first data tables that are prestored in the BMS”, Stefanopoulou discloses acquiring a first temperature and a first state of charge of a battery, wherein the first temperature and the first state of charge are temperature and state of the battery at a current time, respectively (see [0072] “process is repeated and the power capability is re-computed” & “warm-up operation” see [0094] “iterative”; determining a first current frequency based on the first temperature and the first state of charge by searching one or more first data tables that are prestored in the BMS (see [0034] “temperature” & “current” “can be monitored by the controller of the battery management system”; see [0036] “controller of the battery management system may include a memory” & “capable of storing instructions” & “look-up tables”; see [0040] “current is drawn until a power demand is met” & Table III in [0081] describes “SOC” and [0071] describes “optimization problem” & FIG. 6 & is solved with blocks which reads on determining a first current frequency. Stefanopoulou discloses in [0038] “initial temperature” which reads on first temperature & “determining the power capability can be based on at least one of” & “(c) minimum current constraint of a cell of the battery” & “bi-directional current can be a pulsed current with equal durations of charging and discharging phases” & see [0040] “current can be drawn until the power capability of the battery reaches a pre-specified level” reads on prestored in the BMS & [0071] “optimization problem”).
Regarding Applicant’s argument on P10 that Stefanopoulou teaches using a constant frequency, e.g., 1 Hz, while it is conceded that frequencies are set, at e.g. 1 Hz (see [0052]) or 10 Hz (see [0076]), such settings are predetermined upon electrochemical considerations (see [0076]), which are known relationships based upon Nyquist frequency, as evidenced by internal reference (Tippmann). It is noted that Tippmann explicitly teaches that the Nyquist frequency is based upon temperature, SOC, frequency in real part and frequency in imaginary part (see P309 col 2 par 6 & see FIG. 3), and used to determine the “pre-determined” frequency utilized by Stefanopoulou.
Accordingly, it is submitted that Stefanopoulou necessarily discloses “acquiring temperature and state of charge of the battery,” then “determining a frequency by searching one or more first data tables that are prestored in the BMS” because variable frequencies are implicit is the determination of the Nyquist frequency, as evidenced by Tippmann and thus the arguments are unpersuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.A.A./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 03/10/2026