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 .
Drawings
The drawings are objected to because Regarding Fig. 1, no connection is shown between relay portion, relay driving portion and BMS. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 and 7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,2,11 and 12 of copending Application No. 18404757 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 7 are anticipated by claims 1,2,11 and 12 .
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18524103 18404757
1. A battery system, comprising: a battery pack; a plurality of relays connected to the battery pack; a relay driver configured to drive commonly a low side of the plurality of relays and drive each of the plurality of relays at a high side of each of the plurality of relays; and a battery management system configured to control an operation of the relay driver, receive a voltage measured from one terminal of each of the plurality of relays, and diagnose the relay driver based on the received voltage.
1. A battery system comprising: a battery pack; relays connected to the battery pack; a high side driver (HSD) configured to apply a relay driving voltage to high sides of the relays; and a battery management system (BMS) configured to diagnose the HSD based on a voltage measured from first ends of the relays.
2. The battery system as claimed in claim 1, further comprising a low side driver (LSD) configured to connect a first node, which is connected to low sides of the relays, and a ground.
7. A diagnosis method, comprising: commonly driving, by a relay driver, a low side of a plurality of relays connected to a battery pack and driving, by the relay driver, each of the plurality of relays at a high side of each of the plurality of relays; measuring a voltage from one terminal of each of the plurality of relays; and diagnosing the relay driver based on the measured voltage.
11. A diagnosis method comprising: applying a relay driving voltage to high sides of relays connected to a battery pack; obtaining voltage signals by measuring a voltage from first ends of the relays ; and diagnosing the HSD based on the voltage signals.
12. The diagnosis method as claimed in claim 11, further comprising connecting a first node, which is connected to low sides of the relays, and a ground.
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 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 20210104902) in view of Lee (KR 20190092090A).
Regarding claims 1 and 9, Yamauchi et al. teach A battery system (Note abstract) comprising:
a battery pack; (102, par. 0023)
a plurality of relays connected to the battery pack; (121-125, Fig. 1)
a relay driver (140, Fig. 1) configured to drive commonly a low side of the plurality of relays (121-125, Fig. 1) and drive each of the plurality of relays at a high side of each of the plurality of relays; (Note driver 140, drives all relays and each relay has a high side) and
a battery management system (BMS1, Fig. 1) configured to control an operation of the relay driver,
Yamauchi does not teach a battery management system receive a voltage measured from one terminal of each of the plurality of relays, and diagnose the relay driver based on the received voltage.
Lee teach system receive a voltage measured from one terminal of each of the plurality of relays, and diagnose the relay driver based on the received voltage. ([0083] The above processor (1300) can diagnose whether the relay driving circuit (40) is faulty based on at least one of the first measurement voltage, the second measurement voltage, and the third measurement voltage measured in a state where the above-described diagnostic circuit is formed.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamauchi et al. to include the teaching of receive a voltage measured from one terminal of each of the plurality of relays, and diagnose the relay driver based on the received voltage to determine if the driving circuit has a short circuit. (Note Lee par. 0084).
Allowable Subject Matter
Claims 2-6, 8-12 are 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.
Regarding claim 2, wherein the relay driver includes: a high-side driver configured to supply a relay driving voltage to a high side of a relay corresponding to a first signal among the plurality of relays based on the first signal received from the battery management system; a low-side driver configured to connect the low side of the plurality of relays to a ground based on a second signal received from the battery management system; and a plurality of current sink circuits configured to sink a current from a node between the high-side driver and a high side of a relay corresponding to a third signal among the plurality of relays based on the third signal received from the battery management system as claimed in combination with all other limitations.
Regarding claim 8, wherein the driving of each of the plurality of relays includes: supplying, by a high-side driver, a relay driving voltage to a high side of a relay corresponding to a first signal among the plurality of relays based on the first signal received from a battery management system connecting, by a low-side driver, the low side of the plurality of relays to a ground based on a second signal received from the battery management system; and sinking, by a plurality of current sink circuits, a current from a node between the high-side driver and a high side of a relay corresponding to a third signal among the plurality of relays based on the third signal received from the battery management system as claimed in combination with all other limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRIUS R PRETLOW whose telephone number is (571)272-3441. The examiner can normally be reached M-F, 5:30-1:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEMETRIUS R PRETLOW/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858