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 .
Specification
The disclosure is objected to because of the following informalities:
The reference number 140B has been used to designate different items (see wall 140B, partitions 140B in [00103]; battery cells 140B in [00104], [00108], [00109], [00122], [00123]).
The reference 411 has been used to designate different items (see lugs 411 in [00109]; end straps 411 in [00110], [00111]).
The reference 430 has been used to designate different items (see unitary wall 430 in [00113]; epoxy seals 430 in [00116]).
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 104B (see FIG. 13). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 140B (see specification [00103], [00104], [00108], [00109], [00122], [00123]), 411 (see [00109], [00110], [00111), 430 (see [00113], [00116]). 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. 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.
The drawings are objected to because:
In FIGs 9 and 19, the orientation of the text of the legend is not consistent with the orientation of the graph.
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.
Claim Objections
Claims 34-39 are objected to because of the following informalities:
In claim 34, line 5, “a housing” should be --the housing-- to avoid creating another antecedent basis.
In claim 34, line 13, “and_the first cell_voltage sensor” should be --and the first cell voltage sensor-- to correct a typo.
The other claim(s) not discussed above, or depending on the above claim(s), are objected to for inheriting the issue(s) from their linking claim(s).
Appropriate correction is required.
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.
Claim 27 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 18900089 in view of BURNS, Campbell, and Berg (see below for complete citations). The reference claim teaches substantially the current claim at issue. Any differences are obvious variation, well-known, and/or obvious in view of the cited references above. The rejections under 35 USV 103 below are incorporated herein by reference to address the differences.
This is a provisional nonstatutory double patenting rejection.
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 31, 32, 34-39, 68, and 70-72 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.
Regarding claim 31, it recites the limitation “the seal.” However, it is unclear which seal is referred to. For examination purpose, --the first seal or the second seal-- is assumed.
Regarding claim 32, it recites the limitation “the seal.” However, it is unclear which seal is referred to. For examination purpose, --the first seal or the second seal-- is assumed.
Regarding claim 34, it recites “the first battery cell having a first post and a second post associated with the first battery cell, the first post and the second post protruding through the wall between the cells compartment to the BMS compartment; and a battery monitor system housed by the BMS compartment, the battery monitor system including the battery monitoring unit and the first cell voltage sensor electrically coupled to the first post and the second post” in lines 8-14.
It appears that the claim creates another antecedent bases for the first post and the second post. This makes it unclear which antecedent bases are referred to by the first post and the second post recited thereafter.
For examination purpose, --the first battery cell having a first cell post and a second cell post associated with the first battery cell, the first cell post and the cell second post protruding through the wall between the cells compartment to the BMS compartment; and a battery monitor system housed by the BMS compartment, the battery monitor system including the battery monitoring unit and the first cell voltage sensor electrically coupled to the first cell post and the second cell post-- is assumed.
Regarding claim 36, the recitation of “the second post” make it unclear which antecedent basis is referred to (see the rejection of claim 34 above).
For examination purpose, “the third battery cell having the second post and the third post associated with the third battery cell, the second post and the third post protruding through the wall between the cells compartment to the BMS compartment, and wherein the battery monitor system further includes the battery monitoring unit and a third cell voltage sensor electrically coupled to the second post and the third post” is assumed to be --the third battery cell having the second cell post and the third post associated with the third battery cell, the second cell post and the third post protruding through the wall between the cells compartment to the BMS compartment, and wherein the battery monitor system further includes the battery monitoring unit and a third cell voltage sensor electrically coupled to the second cell post and the third post--.
Regarding claim 37, it recites “a first terminal strap electrically coupling the first battery cell to the second battery cell” in line 2.
According to the linking claim 36, a third battery cell has the second [cell] post (from the first battery cell) and the third post (from the second battery cell) associated with the third battery cell. Based on the disclosure (e.g., [0084] and FIG. 8), it is interpreted that the third battery cell is a cell between the first battery cell and the second battery cell in a series connection, such that the third battery is connected to both a terminal of the first battery cell and a terminal of the second battery cell, in a series of [cell 1] - [cell 3] - [cell 2]. See the illustration below.
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On the other hand, a terminal strap is interpreted to provide an electrical conduction for the electrically coupled cell, in light of the specification as understood by the Examiner.
Therefore, it is unclear what “a first terminal strap electrically coupling the first battery cell to the second battery cell” means because the first cell and the second cell are separated by the third cell, and should not be electrically coupled directly.
For examination purpose, --a first terminal strap electrically coupling the first battery cell to the third battery cell-- is assumed. Additionally, “wherein the first terminal strap includes the fourth post, and the second terminal strap includes the third post” in lines 5-6 is assumed to be --wherein the first terminal strap includes the second cell post, and the second terminal strap includes the third post--.
Regarding claim 68, it recites “the post” in line 1. It is unclear which post is referred to. For examination purpose, --the first or second post-- is assumed.
Regarding claim 70, it recites “the post” in line 1. It is unclear which post is referred to. For examination purpose, --the first or second post-- is assumed.
Regarding claim 71, it recites “the post” in line 1. It is unclear which post is referred to. For examination purpose, --the first or second post-- is assumed.
The other claim(s) not discussed above, or depending on the above claim(s), are rejected for inheriting the issue(s) from their linking claim(s).
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 2, 3, 9, 10, 14, 27, 32, 34-39, 44, 67, and 68 are rejected under 35 U.S.C. 103 as being unpatentable over BURNS et al. (WO 2019023672 A1; cited in IDS; hereinafter “BURNS”) in view of Campbell et al. (US 20140225620 A1; cited previously; hereinafter “Campbell”) and Berg et al. (US 20170054182 A1; cited previously; hereinafter “Berg”).
Regarding claim 27, BURNS teaches a lead-acid battery system (i.e., “battery 100… with a sealed monobloc lead-acid energy storage case”; see 0048) comprising:
a housing (i.e., “housing or case 110”) defining an enclosed cells compartment (i.e., “a primary case component 112”) and an enclosed battery monitoring system (BMS) compartment (i.e., “a top case component 111”) distinct from the enclosed cells compartment (see [00123]; “the top case component 111 comprises a top exterior surface 113, a top interior surface 114, a top sealing surface 115 configured to be sealingly bonded with a bottom sealing surface 116 of a primary case component 112 of the monobloc case 110”; see [00124] and FIGs. 5-9);
a wall forming a common boundary (i.e., “the top case component 111 comprises a top exterior surface 113, a top interior surface 114, a top sealing surface 115 configured to be sealingly bonded with a bottom sealing surface 116 of a primary case component 112 of the monobloc case 110. The top case component further comprises a positive terminal opening 119 configured for a positive terminal pole 121 of a monobloc to protrude through a negative terminal opening 122 configured for a negative terminal pole 123 of the monobloc to protrude through”; see [00124]) between, and separating, the cells compartment and the BMS compartment (note that the “opening 122” for terminal pole indicates that a wall is formed (with the opening) between the primary case component and the top case component);
a lead-acid battery comprising a plurality of cells (i.e., “define a number of cells”; see [00123]) and an acid solution contained within the cells compartment (the acid solution is implied or obvious for a lead-acid cell; see Abstract), the wall being configured to prevent the acid solution from passing from the cells compartment into the BMS compartment (i.e., “a top sealing surface 115 configured to be sealingly bonded with a bottom sealing surface 116 of a primary case component 112 of the monobloc case 110”; see [00124]; also, sealing between the two components is obvious to prevent the solution from damaging the monitor circuit in the top case component);
each cell of the plurality of cells having a cathode, an anode, and a separator, at least one of the cathode and the anode comprising lead (these are implied or obvious);
a first parameter sensor disposed in the BMS compartment (i.e., “The battery monitor circuit 120 may comprise a voltage sensor 130, a temperature sensor 140”; see [0053])
a second parameter sensor disposed in the BMS compartment (i.e., “The battery monitor circuit 120 may comprise a voltage sensor 130, a temperature sensor 140”; see [0053])
a first post extending through the wall from the cells compartment into the BMS compartment (i.e., “The top case component further comprises a positive terminal opening 119 configured for a positive terminal pole 121 of a monobloc to protrude through a negative terminal opening 122 configured for a negative terminal pole 123 of the monobloc to protrude through”; see [00124]),
a second post extending through the wall from the cells compartment into the BMS compartment (i.e., “The top case component further comprises a positive terminal opening 119 configured for a positive terminal pole 121 of a monobloc to protrude through a negative terminal opening 122 configured for a negative terminal pole 123 of the monobloc to protrude through”; see [00124]),
a battery monitoring unit disposed in the BMS compartment (i.e., “The pocket may be configured to house the battery monitor circuit 120”; see [00126]; note that the pocket in the top case component) and coupled to the first parameter sensor and the second parameter sensor (i.e., “The battery monitor circuit 120 may comprise a voltage sensor 130, a temperature sensor 140”; see [0053]), the battery monitoring unit being configured to
sense a first parameter associated with the first parameter sensor (i.e., “monitoring a voltage… monitoring a temperature”; see [0010]),
sense a second parameter associated with the second parameter sensor (i.e., “monitoring a voltage… monitoring a temperature”; see [0010]), and
determine a state of the lead-acid battery based on the first parameter and the second parameter (i.e., determining the state of voltage or temperature; see [0010]; “Using contemporaneous voltage and temperature data, stored voltage and temperature data, and/or battery and application specific parameters (but excluding data regarding battery 100/200 current), the short term changes in voltage and/or temperature, longer term changes in voltage and/or temperature, and thresholds for voltage and/or temperature may be used singularly or in combination to conduct exemplary analyses, such as in the battery monitor circuit 120”; see [0077]).
BURNS does not explicitly disclose (see only the underlined):
a first parameter sensor disposed in the BMS compartment and associated with a first one or more cells of the plurality of cells but less than all of the plurality of cells;
a second parameter sensor disposed in the BMS compartment and associated with a second one or more cells of the plurality of cells but less than all of the plurality of cells, the second one or more cells being different from the first one or more cells;
the first post being associated with the first one or more cells and coupled to the first parameter sensor;
the second post being associated with the second one or more cells and coupled to the second parameter sensor.
But Campbell teaches:
a first parameter sensor associated with a first one or more cells (i.e., the measurement device 24 of the left cell 16 in FIG 2) of the plurality of cells but less than all of the plurality of cells (i.e., “each self-contained measurement device 24 includes one or more sensors configured to monitor an operational parameter of the battery cell 24”; see [0024] and FIG. 2);
a second parameter sensor associated with a second one or more cells of the plurality of cells (i.e., the measurement device 24 of the right cell 16 in FIG 2) but less than all of the plurality of cells, the second one or more cells being different from the first one or more cells (i.e., “each self-contained measurement device 24 includes one or more sensors configured to monitor an operational parameter of the battery cell 24”; see [0024] and FIG. 2);
the first post (i.e., see terminal 21 of the left battery cell 16 in FIG. 2) being associated with the first one or more cells and coupled to the first parameter sensor (see FIG. 2);
the second post (i.e., see the terminal 21 of the right battery cell 16 in FIG. 2) being associated with the second one or more cells and coupled to the second parameter sensor (see FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BURNS in view of Campbell, by incorporating the multi-sensor configuration for serial connected cells, each cell associated with at least one parameter sensor, so as to provide for a first parameter sensor disposed in the BMS compartment and associated with a first one or more cells of the plurality of cells but less than all of the plurality of cells; a second parameter sensor disposed in the BMS compartment and associated with a second one or more cells of the plurality of cells but less than all of the plurality of cells, the second one or more cells being different from the first one or more cells; the first post being associated with the first one or more cells and coupled to the first parameter sensor; and the second post being associated with the second one or more cells and coupled to the second parameter sensor, as claimed. The rationale would be to facilitate cell monitoring in a multi-cell battery system (see Campbell, [0019]).
BURNS does not explicitly disclose:
a first seal around the first post and a second seal around the second post.
But Berg teaches:
a seal around a post (i.e., “A battery connection of the battery cell according to the invention which is associated with the second electrode side of the battery roll of the battery cell comprises a sealing and insulating part, a terminal and a feedthrough bushing”; see [0015]).
Also, it is necessary or obvious to seal around an opening for a protruded terminal or post to prevent leakage of solution. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BURNS in view of Campbell, further in view of Berg to provide for a first seal around the first post and a second seal around the second post, as claimed. The rationale would be to help prevent solution leakage.
Regarding claim 2, as a result of modification applied to claim 27 above, BURNS in view of Campbell and Berg further teaches:
wherein the first parameter is a first cell voltage and the second parameter is a second cell voltage (i.e., “the voltage of each cell may be measured”; see Campbell [0019]; “measure the voltage of a cell 16”; see Campbell [0025]).
Regarding claim 3, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the state is a health of the lead-acid battery and wherein the determining the state includes determining a health of the lead-acid battery based on the first cell voltage and the second cell voltage, or
wherein the state is a function of the lead-acid battery and wherein the determining the function includes determining the function of the lead-acid battery based on the first cell voltage and the second cell voltage, or
wherein the state is a charge of the lead-acid battery and wherein the determining the charge includes determining a function of the lead-acid battery based on the first cell voltage and the second cell voltage.
But Campbell further teaches:
wherein the state is a health of the lead-acid battery and wherein the determining the state includes determining a health of the lead-acid battery based on the first cell voltage and the second cell voltage (i.e., “The battery monitoring system 12 monitors battery parameters (e.g., voltage, current, and temperature) for the battery 11 using the diagnostic system and/or stores additional parameters (e.g., battery size, battery shape, etc.) (block 78). In some embodiments, the battery monitoring system 12 determines an end of life of the battery 11 using measured battery parameters”; see Campbell [0044]), or
wherein the state is a function of the lead-acid battery and wherein the determining the function includes determining the function of the lead-acid battery based on the first cell voltage and the second cell voltage, or
wherein the state is a charge of the lead-acid battery and wherein the determining the charge includes determining a function of the lead-acid battery based on the first cell voltage and the second cell voltage.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, such that the state is a health of the lead-acid battery and wherein the determining the state includes determining a health of the lead-acid battery based on the first cell voltage and the second cell voltage, or that the state is a function of the lead-acid battery and wherein the determining the function includes determining the function of the lead-acid battery based on the first cell voltage and the second cell voltage, or that the state is a charge of the lead-acid battery and wherein the determining the charge includes determining a function of the lead-acid battery based on the first cell voltage and the second cell voltage, as claimed. The rationale would be to facilitate the monitoring of the battery.
Regarding claim 9, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the battery monitoring unit is further configured to sense a third voltage of the lead-acid battery, the third voltage being a battery voltage of the lead-acid battery, and wherein the determining the state of the lead-acid battery is further based on the third voltage.
But Campbell further teaches:
wherein the battery monitoring unit is further configured to sense a third voltage of the lead-acid battery, the third voltage being a battery voltage of the lead-acid battery (i.e., “measure the voltage of the array 14 of batteries”; see [0025]), and wherein the determining the state of the lead-acid battery is further based on the third voltage (i.e., “The battery monitoring system 12 monitors battery parameters (e.g., voltage, current, and temperature) for the battery 11 using the diagnostic system and/or stores additional parameters (e.g., battery size, battery shape, etc.) (block 78). In some embodiments, the battery monitoring system 12 determines an end of life of the battery 11 using measured battery parameters”; see [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, such that the battery monitoring unit is further configured to sense a third voltage of the lead-acid battery, the third voltage being a battery voltage of the lead-acid battery, and wherein the determining the state of the lead-acid battery is further based on the third voltage, as claimed. The rationale would be to facilitate the monitoring of the battery.
Regarding claim 10, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the sensing the first parameter includes sensing a first voltage of a first number of cells of the plurality of cells, the first number being greater than one and less than the plurality of cells,
wherein the sensing the second parameter includes sensing a second voltage of a second number of cells of the plurality of cells, the second number being greater than one and less than the plurality of cells, and
wherein the determining the state of the lead-acid battery includes determining the state of the lead-acid battery based on the first voltage and the second voltage.
But Campbell further teaches:
wherein the sensing the first parameter includes sensing a first voltage of a first number of cells of the plurality of cells, the first number being greater than one and less than the plurality of cells (i.e., “measure the voltage of the array 14 of batteries, a cell 16, or a group of cells 16.”; see [0025]),
wherein the sensing the second parameter includes sensing a second voltage of a second number of cells of the plurality of cells, the second number being greater than one and less than the plurality of cells (i.e., “measure the voltage of the array 14 of batteries, a cell 16, or a group of cells 16.”; see [0025]), and
wherein the determining the state of the lead-acid battery includes determining the state of the lead-acid battery based on the first voltage and the second voltage (i.e., “The battery monitoring system 12 monitors battery parameters (e.g., voltage, current, and temperature) for the battery 11 using the diagnostic system and/or stores additional parameters (e.g., battery size, battery shape, etc.) (block 78). In some embodiments, the battery monitoring system 12 determines an end of life of the battery 11 using measured battery parameters”; see [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, such that the sensing the first parameter includes sensing a first voltage of a first number of cells of the plurality of cells, the first number being greater than one and less than the plurality of cells, that the sensing the second parameter includes sensing a second voltage of a second number of cells of the plurality of cells, the second number being greater than one and less than the plurality of cells, and that the determining the state of the lead-acid battery includes determining the state of the lead-acid battery based on the first voltage and the second voltage, as claimed. The rationale would be to facilitate the monitoring of the battery.
Regarding claim 14, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the first parameter is a first cell temperature and the second parameter is second cell temperature.
But Campbell further teaches:
wherein the first parameter is a first cell temperature and the second parameter is second cell temperature (i.e., “monitor one or more operational parameters (e.g., voltage, temperature, etc.) of the battery cell”; see [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, such that the first parameter is a first cell temperature and the second parameter is second cell temperature, as claimed. The rationale would be to facilitate the monitoring of the battery.
Regarding claim 32, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the seal includes a bushing.
But Berg further teaches:
wherein the seal includes a bushing (i.e., “A battery connection of the battery cell according to the invention which is associated with the second electrode side of the battery roll of the battery cell comprises a sealing and insulating part, a terminal and a feedthrough bushing”; see [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, such that the seal includes a bushing, as claimed. The rationale would be to
Regarding claim 34, as a result of modification applied to claim 27 above, BURNS in view of Campbell and Berg further teaches:
wherein the first parameter sensor is a first cell voltage sensor and the second parameter sensor is a second cell voltage sensor, wherein the first parameter is a first cell voltage and the second parameter is a second cell voltage (i.e., “the sensor (e.g., voltmeter) may be coupled to the first and second leads 28 and 30, and configured to measure a parameter of the power signal (e.g., voltage)”; see Campbell, [0025]), and
wherein the lead-acid battery system further comprises:
a housing defining at least in part the cells compartment and at least in part the BMS compartment (see discussion of the housing in claim 27 above), and including the wall disposed between the cells compartment and the BMS compartment (see discussion of the wall in claim 27 above);
the plurality of cells including a first battery cell (i.e., the left cell 16 in FIG. 2 of Campbell) and a second battery cell (i.e., the right cell 16 in FIG. 2 of Campbell), the first battery cell having a first post and a second post (i.e., the terminals 21, 22 of the left cell 16 in FIG. 2 of Campbell) associated with the first battery cell, the first post and the second post protruding through the wall between the cells compartment to the BMS compartment (this is necessary or obvious for measuring the voltage between terminals 21 and 22 in Campbell; see, also, BURNS [00124] regarding protruded poles); and
a battery monitor system housed by the BMS compartment (see discussion of battery monitoring unit and the BMS in claim 27 above), the battery monitor system including the battery monitoring unit and the first cell voltage sensor (i.e., “a battery monitor circuit 120”; see BURNS, [0052]; measurement device 24; see Campbell, [0025]) electrically coupled to the first post and the second post (see Campbell, [0025] and FIGs. 2-3).
Regarding claim 35, as a result of modification applied to claim 34 above, BURNS in view of Campbell and Berg further teaches:
wherein the second battery cell has a third post and a fourth post (i.e., terminals 21 and 22 of the right cell 16 in FIG. 2 of Campbell) associated with the second battery cell (i.e., the right cell 16 in FIG. 2 of Campbell), the third post and the fourth post protruding through the wall between the cells compartment to the BMS compartment (this is necessary or obvious for measuring the voltage between terminals 21 and 22 in Campbell), and
wherein the battery monitor system further includes the battery monitoring unit (see discussion of the battery monitoring unit in claim 27 above) and the second cell voltage sensor electrically coupled to the third post and the fourth post (i.e., “the sensor (e.g., voltmeter) may be coupled to the first and second leads 28 and 30, and configured to measure a parameter of the power signal (e.g., voltage)”; see Campbell, [0025]).
Regarding claim 36, the claim recite a third cell similar to the first and the second cells, but having the second post and the third post instead. This different feature is taught by the middle cell 16 as shown in FIG. 2 of Campbell.
Regarding claim 37, as a result of modification applied to claim 36 above, BURNS in view of Campbell and Berg further teaches:
a first terminal strap electrically coupling the first battery cell to the [third] battery cell (see the connection between the left cell 16 and middle cell 16 in FIG. 2 of Campbell);
a second terminal strap electrically coupling the second battery cell to the third battery cell (see the connection between the right cell 16 and the middle cell 16 in FIG. 2 of Campbell); and
wherein the first terminal strap includes the [second cell] post (i.e., terminal 22 of the left cell 16 in FIG. 2 of Campbell), and the second terminal strap includes the third post (see terminal 21 of the right cell 16 in FIG. 2 of Campbell).
Regarding claim 38, as a result of modification applied to claim 34 above, BURNS in view of Campbell and Berg further teaches:
wherein the housing further includes a cell base (i.e., “integral sides 117, a bottom (not shown) and a bottom sealing surface (116)”; see BURNS, [00123]; the bottom of housing 13 in Campbell), a cell cover (i.e., “a top exterior surface 113, a top interior surface 114, a top sealing surface 115 configured to be sealingly bonded with a bottom sealing surface 116 of a primary case component 112 of the monobloc case 110”; see BURNS, [00124]; the insulator 36 of Campbell), a BMS base, and a BMS cover (i.e., “the pocket is configured in the top case component”; see BURNS, [0005]; “one or more structures 126 for aligning and/or securing the battery monitor circuit within the pocket”; see BURNS, [00126]; the separate housing for the battery monitoring system 12 in Campbell; see [0022]; the BMS cover is necessary or obvious for protecting the monitor circuit), and
wherein the cell cover and the BMS base includes the wall between the cells compartment and the BMS compartment (see discussion of claim 27 above regarding the wall).
Regarding claim 39, as a result of modification applied to claim 34 above, BURNS in view of Campbell and Berg further teaches:
wherein the battery monitor system further includes the battery monitoring unit (i.e., “a battery monitor circuit 120”; see BURNS, [0052; “battery monitoring unit 18”; see Campbell, [0025]) and one or more of a battery voltage sensor to sense a battery voltage, a battery current sensor to sense a battery current, and a temperature sensor to sense a temperature (i.e., “a voltage sensor… a temperature sensor”; see BURNS , [0010]; “measurement device 24 includes a voltmeter 42 and a temperature sensor 46… an ammeter configured to determine current being provided by the cell”; see Campbell, [0033]).
Regarding claim 44, as a result of modification applied to claim 27 above, BURNS in view of Campbell and Berg further teaches:
wherein the battery monitoring unit comprises a processor and memory disposed and in communication with the first parameter sensor and the second parameter sensor (i.e., “a processor… a memory”; see BURNS, [0010]; “a central processor in the battery monitoring unit 18”; see Campbell, [0037]), the memory including instructions executable by the processor to cause the battery monitoring unit to sense the first parameter, sense the second parameter (i.e., “with raw data being sent from respective sensors (e.g., voltmeter 42) to a central processor in the battery monitoring unit 18”; see Campbell, [0037]), and determine the state of the lead-acid battery (i.e., “contemporaneous voltage and temperature data … conduct exemplary analyses”; see BURNS, [0077]; “a processor for determining an end of life of the battery based on the monitored parameters”; see Campbell, [0020]; “The microprocessor 58 may output the operational parameter to a display, compute the battery cell state of charge, estimate an end of life”; see Campbell, [0041]).
Regarding claim 67, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the wall includes a bushing.
But Berg further teaches:
a feedthrough bushing for a terminal (i.e., “A battery connection of the battery cell according to the invention which is associated with the second electrode side of the battery roll of the battery cell comprises a sealing and insulating part, a terminal and a feedthrough bushing”; see [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell and Berg, by incorporating a bussing in the wall, as claimed. The rationale would be to facilitate the sealing and/or insulation of components.
Regarding claim 68, as a result of modification applied to claim 27 above, BURNS in view of Campbell and Berg further teaches:
wherein the post includes a pin (i.e., terminal 121 or 123; see BURNS, [00124] and FIGs. 6-7; “first and second leads 28 and 30”; see Campbell, [0025] and FIGs. 2-3).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over BURNS in view of Campbell, Berg, and CHEN (US 20210359365 A1; cited previously).
Regarding claim 31, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the seal includes an O-ring.
But CHEN teaches:
using an O-ring for sealing a post (i.e., “wherein the sealing piece is arranged between the terminal main body and the hole wall of the first hole segment, and the terminal main body and the hole wall of the first hole segment jointly squeeze the sealing piece to seal the installation hole. When the above structure is adopted, the sealing ring is effectively fixed”; see [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BURNS in view of Campbell and Berg, further in view of CHEN, such that the seal includes an O-ring, as claimed. The rationale would be to facilitate the sealing of the post.
Claim 69 is rejected under 35 U.S.C. 103 as being unpatentable over BURNS in view of Campbell, Berg, and Wruck et al. (US 20020031700 A1; cited previously; hereinafter “Wruck”).
Regarding claim 69, as a result of modification applied to claim 27 above, BURNS in view of Campbell and Berg further teaches:
a terminal (i.e., terminal 121 or 123; see BURNS, [00124] and FIGs. 6-7; terminal 21 in Campbell, FIG. 2) extending through the wall (i.e., “top sealing surface 115”) between the cells compartment and the BMS compartment (see BURNS, [00124] and FIGs. 6-7),
BURNS does not explicitly disclose:
wherein the terminal includes lead.
But Wruck teaches:
wherein the terminal includes lead (i.e., “a lead or lead alloy cell post 24”; see [0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BURNS in view of Campbell and Berg, further in view of Wruck, such that the terminal includes lead, as claimed. The rationale would be to use a known working material for the terminal.
Claims 70-72 are rejected under 35 U.S.C. 103 as being unpatentable over BURNS in view of Campbell, Berg, and Tyler et al. (US 20150072209 A1; cited previously; hereinafter “Tyler”).
Regarding claims 70 and 71, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
(claim 70) wherein the post incudes a first cylindrical wall having a first diameter and a second cylindrical wall having a second diameter, the second diameter being different from the first diameter.
(claim 71) wherein the post further includes a tapered wall between the first cylindrical wall and the second cylindrical wall.
But Tyler teaches:
wherein the post (i.e., 230, 232) includes a first cylindrical wall (i.e., the annotated cylindrical wall on the upper portion 54 holding 230 or 232 in FIG. 39, copied below) having a first diameter and a second cylindrical wall (i.e., 273) having a second diameter, the second diameter being different from the first diameter (see FIG. 39).
wherein the post further includes a tapered wall (i.e., “the collars 273 may be tapered”; see [0188]) between the first cylindrical wall and the second cylindrical wall.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BURNS in view of Campbell and Berg, further in view of Tyler, such that the post incudes a first cylindrical wall having a first diameter and a second cylindrical wall having a second diameter, the second diameter being different from the first diameter; and the post further includes a tapered wall between the first cylindrical wall and the second cylindrical wall, as claimed. The rationale would be to use a known arrangement for coupling the post.
Regarding claim 72, the prior art applied to the preceding linking claim(s) teaches the features of the linking claim(s).
BURNS does not explicitly disclose:
wherein the second cylindrical wall receives a connector of the first parameter sensor.
But the 2nd wall (i.e., 273 in Tyler) is a contact point for the post (i.e., terminals 21 or 22 in Campbell). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify BURNS in view of Campbell, Berg, and Tyler, such that the second cylindrical wall receives a connector of the first parameter sensor, as claimed. The rationale would be to facilitate the sensing of parameters (e.g., terminal voltage).
Response to Arguments
The amendment to the drawings has been fully considered. However, there are remaining issues found, as indicated in the objections above.
The amendment to the specification has been fully considered, However, there are remaining issues found, as indicated in the objections above.
The claim amendment in response to the objection has been fully considered. However, there are remaining issues found, as indicated in the objections above.
Applicant’s arguments regarding provisional nonstatutory double-patenting rejections have been fully considered. However, a renewed rejection has been found in response to the amendment, as indicated above.
Applicant’s arguments regarding 35 USC 112(b) have been fully considered. However, there are remaining issues found, as indicated in the rejections above. Note that claim 36 is interpreted (in rejecting claim 37) that the third battery cell is connected between cell 1 and cell 2 in series, when viewed in light of the specification. Should there is any different interpretation, Applicant should refer to the specification and provides an explanation why the specification supported such different interpretation.
Applicant’s arguments regarding 35 USC 103 have been fully considered, but are moot because a new ground of rejection has been found in view of the amendment, as indicated above.
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 JOHN C KUAN whose telephone number is (571)270-7066. The examiner can normally be reached M-F: 9:00AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN C KUAN/Primary Examiner, Art Unit 2857
