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 Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In view of the new 2019 Revised Patent Subject Matter Eligibility Guidance (Federal Register Vol. 84, No. 4, January 7, 2019), the Examiner has considered the claims and has determined that under step 1, claims 1-7 are to a machine, claims 8-14 are to a separate machine, and claims 15-20 are to a process. Next under the new step 2A prong 1 analysis, the claims are considered to determine if they recite an abstract idea (judicial exception) under the following groupings: (a) mathematical concepts, (b) certain methods of organizing human activity, or (c) mental processes. The independent claims contain at least the following bolded limitations (see representative independent claims) that fall into the grouping of mathematical concepts and/or mental processes:
1. A battery management system (BMS) for one or more Lithium ion (Li+) battery cells, comprising:
an apparatus coupled with outer terminals of the one or more Li+ battery cells and configured to estimate an open circuit voltage (VOC) across the Li+ battery cells, the apparatus further comprising:
a memory; and
at least one processor coupled with the memory and configured, when executing code stored in the memory, to produce a state of charge (SOC) observer, the SOC observer including a hysteresis model to account for hysteresis in the one or more Li+ battery cells.
8. An electric vehicle (EV), comprising:
a body, the body coupled to a dashboard, the body housing an internal vehicle cabin, the internal vehicle cabin having a plurality of controls and dials including an indicator identifying an amount of charge or a time period remaining for the EV to continue to run, the identified amount of charge or time period based on a state of charge (SOC) of lithium ion (Li+) battery cells powering the EV;
a powertrain system coupled with the body and coupled to at least four wheels; and
a battery management system (BMS) for one or more of the Li+ battery cells, the BMS comprising:
an apparatus coupled with outer terminals of the one or more of the Li+ battery cells and configured to estimate a state of charge (SOC) of the Li+ battery cells, the apparatus further comprising:
a memory; and
at least one processor coupled with the memory and configured, when executing code stored in the memory, to produce a state of charge (SOC) observer, the SOC observer including a hysteresis model to account for hysteresis in the one or more Li+ battery cells.
15. A method for determining the state of charge (SOC) of an electric vehicle (EV) powered by lithium ion (Li+) battery cells exhibiting hysteresis, comprising:
coupling a battery management system (BMS) with outer terminals of the Li+ ion batteries;
executing code on at least one processor to determine an open circuit voltage (VOC);
coupling the BMS with outer terminals of the Li+ battery cells; and
executing code by at least one processor within the BMS to produce a state of charge (SOC) observer, the SOC observer including a hysteresis model to account for hysteresis in the Li+ battery cells.
It is important to note that a mathematical concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula."(see MPEP 2106.04(a)(2) I.). Thus, the limitation "to estimate an open circuit voltage VOC across the Li+ battery" amounts to a mathematical concept to carry out calculations/evaluations to derive a numerical value for an open circuit voltage. The limitation "to produce a state of charge (SOC) observer, the SOC observer including a hysteresis model to account for hysteresis in the one or more Li+ battery cells" amounts to a mathematical concept to generate a mathematical model to describe hysteresis in the one or more Li+ battery cells. The limitation of "the identified amount of charge or time period based on a state of charge (SOC) of lithium ion (Li+) battery cells powering the EV" describe a mathematical calculation or mental analysis step to identify a numerical charge or time period based on a SOC value. The limitation of "determining the state of charge (SOC)" amounts to a mathematical concept to carry out calculations/evaluations to derive a numerical value for a state of charge (SOC), and the limitation "to determine an open circuit voltage (VOC)" amounts to a mathematical concept to carry out calculations/evaluations to derive a numerical value for an open circuit voltage (VOC).
Next in step 2A prong 2, the independent claims are analyzed to determine whether there are additional elements or combination of elements that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception such that it is more than a drafting effort designed to monopolize the exception, in order to integrate the judicial exception into a practical application. These limitations have been identified and underlined above, and are not indicative of integration into a practical application because: (1) "a battery management system (BMS)", "an apparatus coupled with outer terminals of the one or more Li+ battery cells, the apparatus further comprising: a memory; and at least one processor coupled with the memory and configured, when executing code stored in the memory," "coupling a battery management system (BMS) with outer terminals of the Li+ ion batteries," "executing code on at least one processor," "coupling the BMS with outer terminals of the Li+ battery cells," and "executing code by at least one processor within the BMS," are considered as limitations that amount to mere instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)); and (2) the limitations "for one or more Lithium ion (Li+) battery cells," "an electric vehicle (EV), comprising:
a body, the body coupled to a dashboard, the body housing an internal vehicle cabin, the internal vehicle cabin having a plurality of controls and dials including an indicator…; a powertrain system coupled with the body and coupled to at least four wheels", and "of an electric vehicle (EV) powered by lithium ion (Li+) battery cells exhibiting hysteresis" are considered as limitations that generally link the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05 (h)), such as to the field of lithium ion batteries in an electric vehicle.
Next in step 2B, the independent claims are considered to determine if they recite additional elements that amount to an inventive concept (“significantly more”) than the recited judicial exception.
The limitations of "a battery management system (BMS)", "an apparatus coupled with outer terminals of the one or more Li+ battery cells, the apparatus further comprising: a memory; and at least one processor coupled with the memory and configured, when executing code stored in the memory," "coupling a battery management system (BMS) with outer terminals of the Li+ ion batteries," "executing code on at least one processor," "coupling the BMS with outer terminals of the Li+ battery cells," and "executing code by at least one processor within the BMS," are considered as limitations that do not add significantly more as they amount to mere instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). The use of generic computer equipment is considered insignificant additional elements. As recited in the MPEP, 2106.07(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection (see Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94). The limitations "for one or more Lithium ion (Li+) battery cells," "an electric vehicle (EV), comprising: a body, the body coupled to a dashboard, the body housing an internal vehicle cabin, the internal vehicle cabin having a plurality of controls and dials including an indicator…; a powertrain system coupled with the body and coupled to at least four wheels", and "of an electric vehicle (EV) powered by lithium ion (Li+) battery cells exhibiting hysteresis" are considered as limitations that do not add significantly more because they generally link the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05 (h)). The analysis of the models and variables merely pertain to the general field/environment of lithium ion batteries and electric vehicles, but no further applied use beyond the abstract idea modeling and obtaining of variables is described to physically improve the operation of the lithium ion battery or electric vehicle themselves.
Dependent claims 2-7, 9-14, and 16-20 contain additional limitations that fall under the abstract idea grouping of mathematical concepts, as they describe further details of the variables and models used in the SOC observer and/or hysteresis model, and do not provide an integration into a practical application or an inventive concept (significantly more) beyond the judicial exception itself.
3. An invention is not rendered ineligible for patent simply because it involves an abstract concept. Applications of such concepts "to a new and useful end" remain eligible for patent protection (see Alice Corp., 134 S. Ct. at 2354 (quoting Benson, 409 U.S. at 67)). However, "a claim for a new abstract idea is still an abstract idea" (see Synopsys v. Mentor Graphics Corp. _F.3d_, 120 U.S.P.Q. 2d1473 (Fed. Cir. 2016)). There needs to be additional elements or combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception or render the claim as a whole to be significantly more than the exception itself in order to demonstrate “integration into a practical application” or an “inventive concept.” For instance, particular physical arrangements for applying the judicial exception (see MPEP 2106.05(b)) or further physical applications using the calculated state of charge to drive a transformation (beyond a mere data-based output), change in physical operation, or repair/maintenance of a technology or technical process, could provide integration into a practical application to demonstrate an improvement to the technology or technical field.
Claim Rejections - 35 USC § 112
4. 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.
Claim 15-20 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.
a) Claim 15 line 3 recites "coupling a battery management system (BMS) with outer terminals of the Li+ ion batteries". Claim 15 line 5 further recites "coupling the BMS with outer terminals of the Li+ battery cells". It is not clear if there is meant to be a distinction between Li+ ion batteries and Li+ battery cells, as a battery contains cells and can be synonymous with a battery cell. In other words, the claim describes coupling the battery management system (BMS) with outer terminals of the Li+ ion batteries (which also amounts to a coupling to the outer terminals of battery cells), where it is not clear if the Applicant means to duplicate such a limitation or if there is a difference in physical connection that occurs. Appropriate correction/clarification is requested. Dependent claims 16-20 depend from claim 15 and are rejected for at least the same reasons as given for claim 15.
Claim Rejections - 35 USC § 102
5. 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.
6. Claim(s) 1-3, 5-10, 12-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stefanopoulou et al. (US Pat. Pub. 2016/0064972, hereinafter "Stefanopoulou").
In regards to claim 1, Stefanopoulou teaches a battery management system (BMS) for one or more Lithium ion (Li+) battery cells (Stefanopoulou abstract and paragraphs [0010], [0014], and [0053] teach a battery management system (BMS) for one or more lithium ion battery cells in a battery pack), comprising:
an apparatus coupled with outer terminals of the one or more Li+ battery cells (Stefanopoulou abstract and paragraph [0015] teach a voltage sensor apparatus in electrical communication with an outer positive and negative terminal of the battery pack) and configured to estimate an open circuit voltage (VOC) across the Li+ battery cells (Stefanopoulou Fig. 13(a) and paragraphs [0142]-[0143] teach estimating an open circuit voltage VOC based on the terminal voltage to generate an equivalent circuit model of the electrical dynamics), the apparatus further comprising:
a memory (Stefanopoulou abstract and paragraph [0015] teach a storage in a controller as a memory in electrical communication with the voltage sensor as part of the apparatus); and
at least one processor coupled with the memory and configured, when executing code stored in the memory to produce a state of charge (SOC) observer (Stefanopoulou abstract, paragraph [0015], and paragraph [0040] teach a controller (processor) coupled with the memory to execute a program or programmed algorithm stored in the memory to produce a state of charge as an observed percentage, and paragraph [00156] teaches implementing an observer), the SOC observer including a hysteresis model to account for hysteresis in the one or more Li+ battery cells (Stefanopoulou paragraphs [0046] and [0134]-[0138], and [0153] teach where the state of charge percentage observer is based on a charge/discharge hysteresis state according to a hysteresis model of the one or more battery cells).
In regards to claim 2, Stefanopoulou teaches the BMS wherein the SOC observer is configured to include in the hysteresis model a charge to discharge state and a discharge to charge state that when combined (Stefanopoulou Fig. 9 and paragraphs [0135]-[0136] teach where the SOC observer is configured to include in the hysteresis model a measurement of hysteresis affecting a bulk force between charging and discharging, and cycling between charging to discharging and discharging to charging), results in continuous transitions of the open circuit voltage (VOC) in both charge and discharge directions (Stefanopoulou Fig. 13(a) and paragraphs [0135] and [0143] teach combining both charging and discharging to result in continuous transitions of the open circuit voltage (dependent on the changing bulk force) in both charge and discharge directions).
In regards to claim 3, Stefanopoulou teaches the BMS wherein the SOC observer is configured to use the charge to discharge state and the discharge to charge state to predict the VOC (Stefanopoulou Fig. 13(a) and paragraph [0143] teach where the charge to discharge state (solid line) and the discharge to charge state (dashed line) is used to predict the VOC).
In regards to claim 5, Stefanopoulou teaches the BMS wherein the at least one processor is configured, when executing the code to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model), to determine static nonlinearity based on a direction of current flow (Stefanopoulou paragraph [0021] teach incorporating a determination of the nonlinearity of measured force as a function of a state of charge, and factoring in the impact of the current magnitude and direction).
In regards to claim 6, Stefanopoulou teaches the BMS wherein the at least one processor is configured, when executing the code to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model), to determine an initial state of the hysteresis model from a charge to a discharge or a discharge to a charge when a change in a direction of a current is detected (Stefanopoulou Fig. 9 and paragraphs [0135]-[0136] teach determining an initial state h of the hysteresis model between charging and discharging when a change in current direction is detected).
In regards to claim 7, Stefanopoulou teaches the BMS wherein the SOC observer comprises a Kalman filter (Stefanopoulou paragraph [0156] teaches where the observer comprises an Extended Kalman Filter (EKF)).
In regards to claim 8, Stefanopoulou teaches an electric vehicle (EV) (Stefanopoulou paragraphs [0006]-[0009] and paragraph [0039] teach an electric vehicle), comprising:
a body, the body coupled to a dashboard, the body housing an internal vehicle cabin, the internal vehicle cabin having a plurality of controls and dials including an indicator identifying an amount of charge or a time period remaining for the EV to continue to run, the identified amount of charge or time period based on a state of charge (SOC) of lithium ion (Li+) battery cells powering the EV (Stefanopoulou Fig. 1, paragraph [0008], paragraph [0010], and paragraph [0024] teaches the electric vehicle being a Ford Fusion Hybrid Electric Vehicle, where such a vehicle has a body coupled to a dashboard and housing an internal vehicle cabin with controls and dials, with an indicator to allow a vehicle operator to know how long the vehicle can be used based on the state of charge (SOC) of a lithium-ion battery powering the vehicle);
a powertrain system coupled with the body and coupled to at least four wheels (Stefanopoulou paragraph [0007] teaches a powertrain of electric motor coupled with the body and wheels of the vehicle to move the vehicle); and
a battery management system (BMS) for one or more of the Li+ battery cells (Stefanopoulou abstract and paragraphs [0010], [0014], and [0053] teach a battery management system (BMS) for one or more lithium ion battery cells in a battery pack), the BMS comprising:
an apparatus coupled with outer terminals of the one or more of the Li+ battery cells and configured to estimate a state of charge (SOC) of the Li+ battery cells (Stefanopoulou abstract and paragraph [0015] teach a voltage sensor apparatus in electrical communication with an outer positive and negative terminal of the battery pack to estimate a state of charge (SOC) of the Li+ battery cells in the battery pack), the apparatus further comprising:
a memory (Stefanopoulou abstract and paragraph [0015] teach a storage in a controller as a memory in electrical communication with the voltage sensor as part of the apparatus); and
at least one processor coupled with the memory and configured, when executing code stored in the memory, to produce a state of charge (SOC) observer (Stefanopoulou abstract, paragraph [0015], and paragraph [0040] teach a controller (processor) coupled with the memory to execute a program or programmed algorithm stored in the memory to produce a state of charge (SOC) as an observed percentage, and paragraph [00156] teaches implementing an observer), the SOC observer including a hysteresis model to account for hysteresis in the one or more Li+ battery cells (Stefanopoulou paragraphs [0046] and [0134]-[0138], and [0153] teach where the state of charge percentage observer is based on a charge/discharge hysteresis state according to a hysteresis model of the one or more battery cells).
In regards to claim 9, Stefanopoulou teaches the EV wherein the SOC observer is configured to include in the hysteresis model a charge to discharge state and a discharge to charge state that when combined (Stefanopoulou Fig. 9 and paragraphs [0135]-[0136] teach where the SOC observer is configured to include in the hysteresis model a measurement of hysteresis affecting a bulk force between charging and discharging, and cycling between charging to discharging and discharging to charging), results in continuous transitions of open circuit voltage (VOC) in both charge and discharge directions (Stefanopoulou Fig. 13(a) and paragraphs [0135] and [0143] teach combining both charging and discharging to result in continuous transitions of the open circuit voltage (dependent on the changing bulk force) in both charge and discharge directions).
In regards to claim 10, Stefanopoulou teaches the EV wherein the SOC observer is configured to use the charge to discharge state and the discharge to charge state to predict VOC (Stefanopoulou Fig. 13(a) and paragraph [0143] teach where the charge to discharge state (solid line) and the discharge to charge state (dashed line) is used to predict the VOC).
In regards to claim 12, Stefanopoulou teaches the EV wherein the at least one processor is configured, when executing the code to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model), to determine static nonlinearity based on a direction of current flow (Stefanopoulou paragraph [0021] teach incorporating a determination of the nonlinearity of measured force as a function of a state of charge, and factoring in the impact of the current magnitude and direction).
In regards to claim 13, Stefanopoulou teaches the EV wherein the at least one processor is configured, when executing the code to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model), to determine an initial state of the hysteresis model from a charge to a discharge or a discharge to a charge when a change in a direction of the current is detected (Stefanopoulou paragraph [0021] teach incorporating a determination of the nonlinearity of measured force as a function of a state of charge, and factoring in the impact of the current magnitude and direction).
In regards to claim 14, Stefanopoulou teaches the EV wherein the SOC observer is a Kalman filter (Stefanopoulou paragraph [0156] teaches where the observer comprises an Extended Kalman Filter (EKF)).
In regards to claim 15, Stefanopoulou teaches a method for determining the state of charge (SOC) of an electric vehicle (EV) powered by lithium ion (Li+) battery cells exhibiting hysteresis (Stefanopoulou abstract, paragraphs [0009]-[0010], and paragraph [0039] teach a method for determining a state of charge (SOC) of a battery pack in an electric vehicle powered by lithium ion battery cells, and paragraph [0046] teaches where the battery cells exhibit hysteresis) comprising:
coupling a battery management system (BMS) with outer terminals of the Li+ ion batteries (Stefanopoulou abstract and paragraph [0015] teach coupling a battery management system (BMS) having a voltage sensor in electrical communication with an outer positive and negative terminal of the battery pack housing the Li+ ion batteries);
executing code on at least one processor (Stefanopoulou abstract, paragraph [0015], and paragraph [0040] teach executing program code on at least one controller (processor)) to determine an open circuit voltage (VOC) (Stefanopoulou Fig. 13(a) and paragraphs [0142]-[0143] teach estimating an open circuit voltage VOC based on the terminal voltage to generate an equivalent circuit model of the electrical dynamics);
coupling the BMS with outer terminals of the Li+ battery cells ((Stefanopoulou abstract and paragraph [0015] teach coupling the battery management system (BMS) having a voltage sensor in electrical communication with an outer positive and negative terminal of the battery pack housing the Li+ ion batteries, which effectively amounts to coupling the BMS with outer terminals of at least one of the battery cells); and
executing code by at least one processor within the BMS to produce a state of charge (SOC) observer (Stefanopoulou abstract, paragraph [0015], and paragraph [0040] teach a controller (processor) coupled with the memory to execute a program or programmed algorithm stored in the memory to produce a state of charge as an observed percentage, and paragraph [00156] teaches implementing an observer), the SOC observer including a hysteresis model to account for hysteresis in the Li+ battery cells (Stefanopoulou paragraphs [0046] and [0134]-[0138], and [0153] teach where the state of charge percentage observer is based on a charge/discharge hysteresis state according to a hysteresis model of the one or more battery cells).
In regards to claim 16, Stefanopoulou teaches the method wherein the SOC observer includes in the hysteresis model a charge to discharge state and a discharge to charge state that when combined (Stefanopoulou Fig. 9 and paragraph [0135]-[0136] teach where the SOC observer is configured to include in the hysteresis model a measurement of hysteresis affecting a bulk force between charging and discharging, and cycling between charging to discharging and discharging to charging), results in continuous transitions of open circuit voltage (VOC) in both charge and discharge directions (Stefanopoulou Fig. 13(a) and paragraphs [0135] and [0143] teach combining both charging and discharging to result in continuous transitions of the open circuit voltage (dependent on the changing bulk force) in both charge and discharge directions).
In regards to claim 17, Stefanopoulou teaches the method wherein the SOC observer uses the charge to discharge state and the discharge to charge state to predict VOC (Stefanopoulou Fig. 13(a) and paragraph [0143] teach where the charge to discharge state (solid line) and the discharge to charge state (dashed line) is used to predict the VOC).
In regards to claim 19, Stefanopoulou teaches the method further comprising executing the code by the at least one processor to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model) to determine static nonlinearity based on a direction of current flow in the Li+ batteries (Stefanopoulou paragraph [0021] teach incorporating a determination of the nonlinearity of measured force as a function of a state of charge, and factoring in the impact of the current magnitude and direction).
In regards to claim 20, Stefanopoulou teaches the method further comprising executing the code by the at least one processor to produce the hysteresis model (Stefanopoulou abstract and paragraph [0015] teach the controller of the BMS executing a program, and paragraphs [0134]-[0138] teach producing a hysteresis model) to determine an initial state of the hysteresis model from a charge to a discharge or a discharge to a charge when a change in a direction of the current is detected (Stefanopoulou Fig. 9 and paragraphs [0135]-[0136] teach determining an initial state h of the hysteresis model between charging and discharging when a change in current direction is detected).
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 4, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Stefanopoulou et al. (US Pat. Pub. 2016/0064972) as applied to claim 1, 8, or 15 above, and further as modified by Wampler, II et al. (US Pat. Pub. 2020/0185792, hereinafter "Wampler").
In regards to claim 4, Stefanopoulou teaches the BMS wherein the SOC observer (Stefanopoulou abstract teaches implementing a SOC observer in the BMS) further includes:
an SOC model, the SOC model being further coupled (Stefanopoulou paragraph [0142] teaches an SOC model based on a model of electrical dynamics that is coupled to other calculations) with:
a resistance model for estimating voltage drop due to current (Stefanopoulou paragraph [0143] teaches coupling the SOC model with an equivalent circuit model having a series resistance for estimating voltage drop due to current); and the hysteresis model (Stefanopoulou paragraphs [0046] and [0134]-[0138] teach coupling the SOC model with the hysteresis model).
Stefanopoulou fails to expressly teach an overpotential model for accounting for changes to a terminal voltage.
Wampler paragraph [0045] teaches where losses are considered as part of an open-circuit hysteresis model once the open-circuit voltage has been determined. Wampler paragraph [0046] teaches further considering an over-potential RC circuit model to collectively represent additional losses (changes to terminal voltage) that may further affect the open-circuit voltage. Wampler paragraphs [0007] and [0012] teach where the determined actual cell voltages, currents, and temperatures are used to generate an estimated state of charge (SOC) of a lithium-ion battery pack.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Wampler because it is important to also consider additional RC losses from an overpotential model to obtain a more accurate representation of the open-circuit voltage. Therefore, it would be beneficial to factor in an over-potential RC circuit model to improve the determination of the open-circuit voltage and subsequently the state of charge of the battery.
In regards to claim 11, Stefanopoulou teaches the EV wherein the SOC observer (Stefanopoulou paragraph [0039] teaches implementing a SOC observer in the electric vehicle) further includes:
an SOC model, the SOC model being further coupled with (Stefanopoulou paragraph [0142] teaches an SOC model based on a model of electrical dynamics that is coupled to other calculations):
a resistance model for estimating voltage drop due to a current (Stefanopoulou paragraph [0143] teaches coupling the SOC model with an equivalent circuit model having a series resistance for estimating voltage drop due to current); and the hysteresis model (Stefanopoulou paragraphs [0046] and [0134]-[0138] teach coupling the SOC model with the hysteresis model).
Stefanopoulou fails to expressly teach an overpotential model for accounting for changes to a terminal voltage.
Wampler paragraph [0045] teaches where losses are considered as part of an open-circuit hysteresis model once the open-circuit voltage has been determined. Wampler paragraph [0046] teaches further considering an over-potential RC circuit model to collectively represent additional losses (changes to terminal voltage) that may further affect the open-circuit voltage. Wampler paragraphs [0007] and [0012] teach where the determined actual cell voltages, currents, and temperatures are used to generate an estimated state of charge (SOC) of a lithium-ion battery pack.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Wampler because it is important to also consider additional RC losses from an overpotential model to obtain a more accurate representation of the open-circuit voltage. Therefore, it would be beneficial to factor in an over-potential RC circuit model to improve the determination of the open-circuit voltage and subsequently the state of charge of the battery.
In regards to claim 18, Stefanopoulou teaches the method wherein the SOC observer (Stefanopoulou abstract teaches implementing a SOC observer in a BMS) further includes an SOC model, the SOC model being further coupled with (Stefanopoulou paragraph [0142] teaches an SOC model based on a model of electrical dynamics that is coupled to other calculations):
a resistance model for estimating voltage drop due to current (Stefanopoulou paragraph [0143] teaches coupling the SOC model with an equivalent circuit model having a series resistance for estimating voltage drop due to current); and
the hysteresis model (Stefanopoulou paragraphs [0046] and [0134]-[0138] teach coupling the SOC model with the hysteresis model).
Stefanopoulou fails to expressly teach an overpotential model for accounting for changes to a terminal voltage.
Wampler paragraph [0045] teaches where losses are considered as part of an open-circuit hysteresis model once the open-circuit voltage has been determined. Wampler paragraph [0046] teaches further considering an over-potential RC circuit model to collectively represent additional losses (changes to terminal voltage) that may further affect the open-circuit voltage. Wampler paragraphs [0007] and [0012] teach where the determined actual cell voltages, currents, and temperatures are used to generate an estimated state of charge (SOC) of a lithium-ion battery pack.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further combine the teachings of Wampler because it is important to also consider additional RC losses from an overpotential model to obtain a more accurate representation of the open-circuit voltage. Therefore, it would be beneficial to factor in an over-potential RC circuit model to improve the determination of the open-circuit voltage and subsequently the state of charge of the battery.
Pertinent Art
9. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the of the passage as taught by the prior art or disclosed by the Examiner. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
C. Wampler, II (US Pat. No. 11,662,387) discloses Battery State Estimation Using an Equivalent Constant Current Model of Overpotential. D. Verbrugge et al. (US Pat. Pub. 2003/0076109) discloses State of Charge Method and Apparatus.
E. Frost et al. (US Pat. Pub. 2014/0333317) discloses Battery State Estimator Combining Electrochemical Solid-State Concentration Model with Empirical Equivalent-Circuit Model.
F. Wampler, II (US Pat. Pub. 2023/0266396) discloses Battery State Estimation Based on Multiple Rates of Hysteresis Transit.
Conclusion
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/PAUL D LEE/Primary Examiner, Art Unit 2857 3/2/2026