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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/02/2026 has been entered.
Response to Arguments
Applicant's arguments filed 4/02/2026 have been fully considered but they are not persuasive. The arguments are presented on page 6 that Noda does not teach maintaining a cumulative count across a plurality of cycles in non-volatile memory. These arguments are not found persuasive due to the fact that Noda teaches a non-volatile memory (rewritable nonvolatile memory) configured to store a cumulative count (counter value k) [0120, 0185] and teaches the cumulative count (counter value k) is cumulatively updated and maintained across a plurality of discharge cycles of the battery (counter value k is updated and discharge current limitation ends which begins new charge/discharge cycle as seen in fig. 7 steps s290 and s320) [0120, 0186-0188, 0199, fig. 7].
The arguments are presented on page 7 that the counter value K of Noda would be transitory and not updated and maintained across cycles since the add subtract value of Noda may be negative. These arguments are not found persuasive due to the fact that the claims do not require that the cumulative count never decreases and claim 17 indicates conditions where a subtraction value is added to the cumulative count which would decrease it. Furthermore, Noda teaches the cumulative count (counter value k) is cumulatively updated and maintained across a plurality of discharge cycles of the battery (counter value k is updated and discharge current limitation ends which begins new charge/discharge cycle as seen in fig. 7 steps s290 and s320) [0120, 0186-0188, 0199, fig. 7]. Therefore, the counter value k of Noda would not be transitory since it may be carried over across charge/discharge cycles.
The arguments are presented on page 8 that Noda would not teach a cumulative count that is updated and maintained across a plurality of discharge cycles. These arguments are not found persuasive due to the fact that Noda teaches a non-volatile memory (rewritable nonvolatile memory) configured to store a cumulative count (counter value k) [0120, 0185] and teaches the cumulative count (counter value k) is cumulatively updated and maintained across a plurality of discharge cycles of the battery (counter value k is updated and discharge current limitation ends which begins new charge/discharge cycle as seen in fig. 7 steps s290 and s320) [0120, 0186-0188, 0199, fig. 7].
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) 14-16, 19-20, 23-24 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 14, Noda teaches a battery pack comprising:
a battery (battery 50) [0098];
a non-volatile memory (rewritable nonvolatile memory) configured to store a cumulative count (counter value k) [0120, 0185], the cumulative count corresponding to a cumulative value of a number of operations 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]; and
a controller (main control unit 70) [0100, 0120] programmed to:
manage the non-volatile memory such that the cumulative count (counter value k) is cumulatively updated and maintained across a plurality of discharge cycles of the battery (counter value k is updated and discharge current limitation ends which begins new charge/discharge cycle as seen in fig. 7 steps s290 and s320) [0120, 0186-0188, 0199, fig. 7];
dynamically calculate (updates at a constant cycle) during discharge of the battery an addition (counter add-subtract) value as a function of both discharge current and the cumulative count stored in non-volatile memory during discharge of the battery such that for a given current value the addition value may increase based on an increase in the cumulative count (counter value k may increase between cycles as long as protection value x3 is not reached) [0120, 0145-0147, 0185-0188, fig. 7];
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 15, Noda teaches that the cumulative count stored in the non-volatile memory at a start of a current discharge cycle is greater than or equal to the cumulative count stored in the non-volatile memory at a start of a previous discharge cycle (counter value k may increase between cycles as long as protection value x3 is not reached) [0120, 0145-0147, 0185-0188, fig. 7].
With regard to claim 16, 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 which may occur during use) [0035, 0120, 0169, 0188-190, 0195-0197].
With regard to claim 19, 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 20, Noda teaches using programs to carry out functions and 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 teach a controller programmed to perform the claimed functions.
With regard to claim 23, Noda teaches temperature and current measurement circuits [0187].
With regard to claim 24, Noda teaches a method for protecting a battery included in a battery pack [0098] comprising:
storing a cumulative count (counter value k) in non-volatile memory (rewritable nonvolatile memory) [0120, 0185], the cumulative count corresponding to a cumulative value of a number of operations 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]; and
cumulatively updating and maintaining the cumulative count across a plurality of discharge cycles of the battery (counter value k is updated and discharge current limitation ends which begins new charge/discharge cycle as seen in fig. 7 steps s290 and s320) [0120, 0186-0188, 0199, fig. 7];
dynamically calculating (updates at a constant cycle) during discharge of the battery an addition (counter add-subtract) value as a function of both discharge current and the cumulative count stored in non-volatile memory during discharge of the battery such that for a given current value the addition value may increase based on an increase in the cumulative count (counter value k may increase between cycles as long as protection value x3 is not reached) [0120, 0145-0147, 0185-0188, fig. 7];
updating during discharge of the battery, the counter value by adding the addition value during the discharge of the battery [0187-0188]; and
prohibiting, 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].
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda as applied to claims 14-16, 19-20, 23-24 above, and further in view of Kobayakawa et al. (US 2013/0033790 A1, hereafter Kobayakawa).
With regard to claims 17-18 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) [0187-0188], wherein the subtraction value is less than zero [0182, 0191], and wherein the controller is programmed to dynamically calculate (claim 18) and update the counter value by adding the subtraction value during the discharge of the battery [0120, 0186-0188].
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].
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda as applied to claims 14-16, 19-20, 23-24 above, and further in view of Martensson et al. (GB 2,252,515 A, hereafter Martensson).
With regard to claim 21, Noda teaches the non-volatile memory stores a plurality of maps with a correspondence with the discharge current and the addition value (add subtract value c) and calculates the addition value based on the map selected [0120, 0190-0192]. Noda teaches selecting maps based on temperature (which may increase with number of uses) but does not explicitly teach selecting maps based on a cumulative count. However, in the same field of endeavor, Martensson teaches selecting programs (maps) based on a cumulative count (number of previous recharge cycles) [Abstract]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the cumulative count of Noda to select maps since Martensson teaches this value is indicative of the condition of battery cells and can select programs (maps) that optimize performance and longevity of batteries [Martensson Abstract].
With regard to claim 22, Noda teaches first and second maps with a larger addition value in a second map (high temperature range map) and teaches switching to the second map based on temperature [0190-0192]. Noda teaches selecting maps based on temperature (which may increase with number of uses) but does not explicitly teach selecting maps based on a cumulative count. However, in the same field of endeavor, Martensson teaches selecting programs (maps) based on a cumulative count (number of previous recharge cycles) [Abstract]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the cumulative count of Noda to select maps since Martensson teaches this value is indicative of the condition of battery cells and can select programs (maps) that optimize performance and longevity of batteries [Martensson Abstract].
Conclusion
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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