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 .
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive. The arguments are presented on pages 7-9 that the prior art of Noda would not teach the subject matter of amended claims 1 and 13. These arguments are not found persuasive due to the fact that while Noda would no longer anticipate the claims, Noda teaches a controller programmed to carry out substantially similar functions and would therefore still render the claims obvious. Noda teaches a controller programmed to calculate an addition (counter add-subtract) value during discharge of the battery so that the addition value changes based on an increase in a first number of operations and an increase in discharge current value (measured values I) [0120, 0145-0147, 0188] [0120, 0188]. The amended claims 1 and 13 only differ from Noda in that Noda teaches a broader range in that the addition value (add-subtract) value may be negative in certain conditions. However, Noda would still overlap and render obvious the claimed addition value range since Noda teaches that during overcurrent conditions (as seen in fig. 8) the addition value would increase with current and the number of operations would be non-decreasing in these conditions [0191-0192, fig. 8]
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3 6-10, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. (US 2013/0033233 A1, hereafter Noda).
With regard to claim 1, Noda teaches a battery pack comprising:
a battery (battery 50) [0098];
a controller (main control unit 70) provided with a counter value (counter value k) [0100, 0185], the controller being programmed to:
calculate an addition (counter add-subtract) value during discharge of the battery so that the addition value changes based on an increase in a first number of operations and an increase in discharge current value (measured values I), the first number of operations corresponding to a total number of operations of the battery pack in which the battery has a temperature exceeding a specified temperature threshold (operations causing overheated state that causes discharge control signal to stop discharge from battery 50) [0120, 0145-0147, 0188] [0120, 0188];
update during discharge of the battery, the counter value by adding the addition value during the discharge of the battery [0187-0188]; and
prohibit, during discharge of the battery, the discharge of the battery during the discharge of the battery based on the counter value reaching a protection threshold (set value X3 indicating abnormality) [0187-0188, 0199],
The instant claim only differs from Noda in that Noda teaches a broader range in that the addition value (add-subtract) value may be negative in certain conditions. However, Noda would still overlap and render obvious the claimed addition value range since Noda teaches that during overcurrent conditions (as seen in fig. 8) the addition value would increase with current and the number of operations would be non-decreasing in these conditions [0191-0192, fig. 8].
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With regard to claim 3, Noda teaches the controller is programmed to carry out described operational steps [0120] and teaches the controller updates the counter value with an addition value that is zero or more in accordance with the discharge current value being equal or more than a specified value (overcurrent threshold) and the addition value is zero or less when the discharge current value is less than a specified value (overcurrent threshold) based on a discharge current value [0191-0192, fig. 8].
With regard to claim 6, Noda teaches a controller (MCU 70), a charger detection circuit (72) and a load information generation unit and would increase the number of operations based on a loaded state of the battery satisfying a specified condition (overcurrent) between a previous charge and a current charge [0035, 120, 0153, 189-192].
With regard to claim 7, Noda teaches setting a protection threshold (overcurrent) during discharge in accordance with the total number of uses (via add-subtract value c) [0035, 0120, 0169, 0188-190].
With regard to claim 8, Noda teaches setting a protection threshold (overcurrent) that may decrease based on the total number of uses (changing protection conditions due to overcurrent in step S260) [0035, 0120, 0169, 0188-190, 0195-0197].
With regard to claims 9-10, Noda teaches setting a protection threshold (overcurrent) that may change based on the total number of uses (changing protection conditions due to overcurrent in step S260) and can detect the total number of uses (via add-subtract value c) [0035, 0120, 0169, 0188-190, 0195-0197] and would therefore perform the claimed functions.
With regard to claim 12, Noda teaches calculating the addition value (add-subtract value c) during discharge based on a programmed map and detecting the total number of uses (via add-subtract value c) and would therefore perform the claimed functions. [0035, 0120, 0169, 0188-191].
With regard to claim 13, Noda teaches a method for protecting a battery included in battery pack [0098], the method comprising:
calculating an addition (counter add-subtract) value in accordance with a total number of uses of the battery during discharge of the battery, the total number of uses including a first number of operations, the first number of operations corresponding to a total number of operations of the battery pack in which the battery has a temperature exceeding a specified temperature threshold (operations causing overheated state that causes discharge control signal to stop discharge from battery 50) [0145-0147, 0188];
updating, during discharge, a counter value by adding the addition value during the discharge of the battery [0188]; and
prohibiting, during discharge, the discharge of the battery during the discharge of the battery based on the counter value reaching a protection threshold (set value X3 indicating abnormality) [0199].
The instant claim only differs from Noda in that Noda teaches a broader range in that the addition value (add-subtract) value may be negative in certain conditions. However, Noda would still overlap and render obvious the claimed addition value range since Noda teaches that during overcurrent conditions (as seen in fig. 8) the addition value would increase with current and the number of operations would be non-decreasing in these conditions [0191-0192, fig. 8].
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda as applied to claims 1, 3 6-10, and 12-13 above, and further in view of Kobayakawa et al. (US 2013/0033790 A1, hereafter Kobayakawa).
With regard to claims 4-5 Noda discloses all the limitations of the battery pack detailed in the rejection of claim 1 above and further discloses wherein the controller is programmed to calculate a subtraction value (add-subtract value C) [0120, 0191] in accordance with the total number of uses during discharge of the battery (which would increase based on the total number of uses claim 5) [0187-0188], wherein the subtraction value is less than zero [0182, 0191], and wherein the controller is programmed to update the counter value by adding the subtraction value during the discharge of the battery [0120, 0187-0188].
Noda does not disclose wherein the controller is configured to calculate a subtraction value in accordance with the total number of uses during charge of the battery, wherein the subtraction value is less than zero, and wherein the controller is configured to update the counter value by adding the subtraction value during the charge of the battery.
Kobayakawa teaches a battery pack (40) comprising a battery (50); and a controller (main control unit 70) [0088, 0094]; wherein the controller is configured to perform its operations during the charge of the battery [0182-0184].
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the battery pack of Noda such that wherein the controller is programmed to calculate a subtraction value in accordance with the total number of uses during charge of the battery and wherein the controller is configured to update the counter value by adding the subtraction value during the charge of the battery as taught by Kobayakawa to allow for heat generation estimation during charging [Kobayakawa 0182].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT C THOMAS whose telephone number is (571)270-7737. The examiner can normally be reached Flexible schedule, typical hours 11-7 M-F.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724