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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/16/23 has been considered by the examiner.
Claims Analysis
At least claim 1 recites “and electrically connectable to an electrical device”, “operable to heat”, “operable to control”, “power being suppliable from the charger to the battery pack”, “operable to sense” and “an electronic processor…configured to”, which are have not been given patentable weight. The claims need only be capable of performing these functions. Each of claims 2, 3 and 6 recite the limitation “the electronic processor is further configured to”, which has not been given patentable weight. Claim 7 recites “configured to control the heating switch using a pulse width modulation signal, which has not been given patentable weight. Regarding the electronic processor limitations, the Examiner suggests language such as “programmed to” such that the electronic processor limitations may be given proper patentable weight. See also at least claims 8 and 15.
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 6 is 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 6 recites “the electronic processor is configured to determine the predetermined temperature threshold based on a chemistry of the battery cell”, which is indefinite. It is unclear how the “predetermined temperature threshold” is “based on a chemistry” of the battery cell. Furthermore, it is unclear what “a chemistry” encompasses.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 10,985,576. Although the claims at issue are not identical, they are not patentably distinct from each other because both require a battery pack including the limitation of present claim 1:
a housing,
a battery cell supported in the housing and electrically connectable to an electrical device,
a heating element supported in the housing and operable to heat the battery cell, and
a heating switch operable to control whether power is provided to the heating element;
a charger configured to electrically couple to the battery pack, power being suppliable from the charger to the battery pack to charge the battery cell;
a temperature sensing device operable to sense a temperature relative to the battery pack; and
an electronic processor coupled to the heating switch and configured to:
receive a signal from the temperature sensing device, the signal indicating the temperature,
determine that the temperature is less than a predetermined temperature threshold, and
close the heating switch to provide power to the heating element in response to determining that the temperature is less than the predetermined temperature threshold.
Claims 2 and 3 are taught at claim 1 of the patent (column 21, lines 11-24). Claim 4 is taught at claim 2 of the patent. Claim 8 is taught at claim 3 of the patent (specifically column 21, lines 41-44). See also claim 7 of the patent regarding the limitations of present claim 8. Claim 4 of the patent teaches a charger being operable to power the heating element. Regarding claim 15, the first switch and second switches are considered the heating switch, the charging switch and the second charging switch of the patented claims. A resistor is considered a heating element.
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.
Claims 1-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robertson, US 2013/0004802 A1.
Robertson teaches a battery module 20 comprising a housing 88, battery cells (40, 42, 44, 50, 52, 54) supported in the housing 88, a first resistor 70 (heating element) supported in the housing 88, a temperature sensor 84 supported in the housing 88 to sense a temperature of an interior of the battery pack, a first switch (heating switch) and a computer 100 (electronic processor). See at least Figure 1.
Robertson teaches a heating system and a method for heating a battery module. The method includes generating a temperature signal indicative of a temperature level of at least one of a first battery cell group or a second battery cell group. If a temperature level is less than the threshold temperature level, then the method further includes generating first and second control signals to induce first and second switches, respectively, to each have a first operational position to at least partially discharge the first and second battery cell groups, respectively, through first and second resistors, respectively, to generate heat energy in the first and second resistors (abstract). See also [0018]-[0022]. Robertson teaches when electric vehicle batteries have relatively cold internal temperatures, an amount of electrical power that can be supplied by the batteries can be lower than a desired electrical power level [0001]-[0002].
Robertson does not explicitly teach a charger coupled to the battery pack to supply power from the charger to the battery pack. However, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was filed because Robertson teaches the battery module may be used in an electric vehicle [0001]. One of skill in the art would have known that it is conventional to supply power to the battery module using a charger coupled to the battery module to charge the battery cells contained in the battery module.
Robertson teaches in one exemplary embodiment, the battery cells are lithium ion pouch type cells [0009]. Lithium ion cells are a type of rechargeable battery. Thus, one of skill would have found it obvious to provide a charging switch operable to control whether power is provided to the lithium ion cells of Robertson.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 13 requires the heating element include six resistors connected in parallel. Robertson does not teach or suggest a battery module having six resistors connected in parallel.
Claims 15-20 are allowed. Claims 15-20 are directed toward a system of devices comprising:
a battery pack including: a housing, a first string of battery cells supported in the housing and electrically connectable to an electrical device, power being transferrable between the first string of battery cells and the electrical device, a second string of battery cells supported in the housing and electrically connectable to the electrical device, power being transferrable between the second string of battery cells and the electrical device, a resistor supported in the housing and connected in parallel with the first string of battery cells and the second string of battery cells, a first switch electrically between the resistor and the first string of battery cells and the second string of battery cells, a plurality of second switches, each second switch being located between a battery cell of the first string of battery cells and the second string of battery cells, and an electronic processor coupled to the first switch and the plurality of second switches, the electronic processor configured to: detect a failure condition of the battery pack, control, in response to detecting the failure condition, the plurality of second switches to open to isolate the second string of battery cells from the first string of battery cells, and control the first switch to close to discharge the first string of battery cells through the resistor.
The prior art does not teach the system of devices recited by at least claim 15. Specifically, the prior art (Robertson) does not teach a first string of battery cells and a second string of battery cells wherein a first switch is between the resistor and the first string of battery cells and the second string of battery cells while each second switch is located between a battery cell of the first string of battery cells and the second string of battery cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725
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