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 § 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.
Claim 2-4 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 2 recites the opening actuation “in the case of an existing current flow counter to…” is carried only in a “currentless” state. This appears to be a contradiction. It is unclear how current can be in both the “non-preferred” direction, but also not exist (“currentless”).
Claim 3 recites “so-called AUX contacts”. It is unclear what is meant by qualifying the AUX contacts as “so-called”. It is unclear if that is a special definition, an indication that “AUX” is a term of art, or simply a label for the contacts. For the purpose of examination, Examiner is interpreting it as a label for the contacts.
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.
Claims 1-2, 5-6 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kube DE 102018204973 A. (It is noted that the Kube citations are taken from the machine translation, until a translation is obtained.)
Regarding claim 1, Kube discloses a control method for an HV contactor in a high- voltage battery storage device [fig. 1], comprising:
using HV contactors that are installed bidirectionally in a positive and negative path of the high-voltage battery storage device [fig. 1, HS1 and HS2 installed in the + and – directions for battery 3], carrying out an opening actuation of an HV contactor in order to interrupt a current flow is carried out only in a preferred direction (V) of the respective HV contactor [abs.; pars. 30 & 32; opening of the contactor happens when current is carried out in the preferred direction of the respective contactor].
Regarding claim 2, Kube discloses wherein an opening actuation of an HV contactor in the case of an existing current flow counter to the preferred direction (V) of the respective HV contactor is carried out only in a currentless state of this the respective HV contactor [par. 32; first the contactor in the preferred direction is opened, which interrupts the current, only after is the opposite-drection preferring contactor opened].
Regarding claim 5, Kube discloses a control unit for implementing the control method for HV contactors according to claim 1 in a high-voltage battery storage device [pars. 32-33; microcontroller], wherein in the high-voltage battery storage device, modules are interconnected via electromechanical components in the form of HV contactors, fuses and busbars [fig. 1; HV contactors on pos and neg busbars; abs; pars. 51-52 (fuses)] and are connected to a battery management system (BMS) for controlling charging and discharging [par. 32], wherein at least one respective HV contactor is provided for potential-free isolation at external electrical terminals (4), wherein HV contactors are installed bidirectionally in a positive and negative path of the HV storage device and the control unit is embodied to trigger an opening or closing actuation of an HV contactor for interrupting or establishing a current flow only in a preferred direction (V) of the respective HV contactor [abs.; pars. 30 & 32; opening of the contactor happens when current is carried out in the preferred direction of the respective contactor; contactors provide potential free isolation].
Regarding claim 6, Kube discloses wherein a respective preferred direction (V) of each HV contactor is stored in the control unit and the control unit is connected to a unit for determining a direction of the current flow (-), wherein HV contactors are installed bidirectionally in a positive and negative path of the HV storage device [pars. 3- & 32; opening of the contactor happens when current is carried out in the preferred direction of the respective contactor based on determination of the CPU, thus a storage of the data].
Regarding claim 10, Kube discloses wherein the control unit is positioned in and integrated into a battery management system (BMS) of the high-voltage battery storage device [par. 32].
Regarding claims 11 and 12, Kube discloses wherein the high-voltage battery storage device is a high-voltage battery storage device of an electric vehicle [pars. 29-30 & 38].
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.
Claim 3-4 & 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kube DE 102018204973 A in view of Bachmann DE 102012011251 A1. (It is noted that the Kube and Bachman citations are taken from the machine translation, until a translation is obtained.)
Regarding claim 3, Kube does not explicitly disclose wherein a respective status of an HV contactor is read and monitored via so-called AUX contacts in order to detect a welding or sticking of internal contacts of the HV contactor.
However, Bachmann discloses a high voltage contactor system [abs] wherein a respective status of an HV contactor is read and monitored via so-called AUX contacts in order to detect a welding or sticking of internal contacts of the HV contactor [pars. 39, 44 & 151; contacts for detecting sticking].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Kube to further include wherein a respective status of an HV contactor is read and monitored via so-called AUX contacts in order to detect a welding or sticking of internal contacts of the HV contactor for the purpose of detecting malfunctions and addressing them, as taught by Bachmann (pars. 39, 44 & 151).
Regarding claim 4, Kube does not explicitly disclose in that wherein in the case of a welding or sticking of internal contacts of the HV contactor, a shake-loose procedure to unstick the internal contacts of the HV contactor is initiated only in a currentless state.
However, Bachmann as applied in claim 3 discloses in that wherein in the case of a welding or sticking of internal contacts of the HV contactor, a shake-loose procedure to unstick the internal contacts of the HV contactor is initiated only in a currentless state [pars. 26, 39-40 & 43-46].
Regarding claim 8, Kube does not explicitly disclose wherein the control unit is connected to AUX contacts of the HV contactors and is embodied to detect a welding or sticking of internal contacts of any of the HV contactors.
However, Bachmann discloses a high voltage contactor system [abs] wherein the control unit is connected to AUX contacts of the HV contactors and is embodied to detect a welding or sticking of internal contacts of any of the HV contactors [pars. 39, 44 & 151; contacts for detecting sticking].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Kube to further include wherein the control unit is connected to AUX contacts of the HV contactors and is embodied to detect a welding or sticking of internal contacts of any of the HV contactors for the purpose of detecting malfunctions and addressing them, as taught by Bachmann (pars. 39, 44 & 151).
Regarding claim 9, Kube does not explicitly disclose wherein the control unit is embodied to initiate and monitor a shaking loose of welded or stuck internal contacts of one of the HV contactors in a currentless state.
However, Bachmann as applied in claim 8 discloses wherein the control unit is embodied to initiate and monitor a shaking loose of welded or stuck internal contacts of one of the HV contactors in a currentless state [pars. 26, 39-40 & 43-46].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kube DE 102018204973 A in view of Bachmann DE 102012011251 A1.
Regarding claim 7, Kube discloses wherein a current number and a permissible number of switching operations for each of the HV contactors are stored in the control unit.
However, Examiner takes Official Notice that it is well known in the switching arts to monitoring operations to indicate when the switches are at end of life. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Kanno to further include wherein a current number and a permissible number of switching operations for each of the HV contactors are stored in the control unit for the purpose of indicating when the contactors need replacement, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Namou et al. US PGPUB 2012/0105065 high voltage battery contactors and sticking
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.
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/DAVID V HENZE/Primary Examiner, Art Unit 2859
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