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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “heat transfer means arranged and adapted for dissipating thermal energy from the storage cell modules to the assembly and/or for introducing thermal energy from the assembly into the storage cell modules.” has been interpreted under 35 U.S.C. 112, sixth paragraph, because it uses a non-structural term “heat transfer means” coupled with functional language “arranged and adapted for dissipating thermal energy from the storage cell modules to the assembly and/or for introducing thermal energy from the assembly into the storage cell modules” without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier.
Since this claim limitation invokes 35 U.S.C. 112, sixth paragraph, claim 3 is interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112, sixth paragraph limitation: heat conducting contacts which are adapted and arranged for conductive heat transport from the storage cell module into the assembly or vice versa. Additionally or alternatively, the heat transfer means can comprise hydraulic connections which are arranged and adapted for convective heat transport from or into a respective storage cell module.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112, sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112, sixth paragraph.
For more information, see Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 9-12, and 14-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheucher (US 2007/0188130).
Regarding claim 1, Scheucher teaches a modular battery system (intelligent power supply device 100, see Fig. 1; [0149]), comprising:
a plurality of electrical storage cell modules (removable cartridge energy packs 102, see Fig. 1; [0149]), each of the storage cell modules having a cell housing (see Figs. 1, 1J-1L; [0149]) and an adapter connection (slots 112A, 112B, see Fig. 1J; [0162]) arranged on a base side of the cell housing (side of battery 102 with slots 112A 112B equated to base side of the cell housing; see Fig. 1J), and
an assembly (enclosure 101, see Fig. 1; [0149]) having a base housing (equated to portions of enclosure 101 that hold the motherboard 120 and conduit 138, see Figs. 1-1B) containing:
a battery management system (microprocessor; see [0009], [0020], [0159], [0202], and [0282]), arranged and adapted for monitoring and controlling charging and discharging of the plurality of electrical storage cell modules (see [0009], [0020], [0159], [0202], and [0282]),
a plurality of adapter connections sites (electrical contacts/guides 131, 132; see [0162]) for reversibly receiving the adapter connections (slots 112A, 112B, see Figs. 1-1L), wherein the adapter connections sites are form-fitted to the adapter connections and wherein the adapter connections sites and adapter connections have mutually corresponding electrical contacts (see Figs. 1-1L and [0162]),
at least one interface (user defined load or loads 601 in [0191]) for electrically connecting the assembly to a consumer and/or supply system, and
power electronics (see [0024], [0191]-[0194], and [0212]-[0215]) for transmitting electrical energy between the at least one interface and the storage cell modules,
wherein the base housing has at least one opening (see Figs. 1-1H) for removing and/or inserting the plurality of storage cell modules opposite the adapter connections sites.
Though Scheucher is silent to specifically teaching wherein its battery management system and power electronics are arranged in or on the housing and wherein the at least one interface is arranged on the base housing, absent persuasive evidence to the contrary, their particular placement is held to be an obvious matter of design choice. See MPEP §2144.04(VI)(C).
Regarding the functional language (e.g., arranged and adapted for monitoring and controlling charging and discharging of the plurality of electrical storage cell modules, for reversibly receiving the adapter connections, for electrically connecting the assembly to a consumer and/or supply system, for transmitting electrical energy between the at least one interface and the storage cell modules, for removing and/or inserting the plurality of storage cell modules opposite the adapter connections sites), the Examiner has considered it. However, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 2, Scheucher teaches wherein the base housing has a connection surface on at least one (see Figs 1 and 1A) or exactly one outer side, on which the plurality of adapter connections sites (electrical contacts/guides 131, 132; see [0162]) is arranged (see Figs 1 and 1A).
Regarding claim 3, Scheucher teaches wherein the connection surface (see Figs 1 and 1A) and the adapter connections sites (electrical contacts/guides 131, 132; see [0162]) have mutually corresponding heat transfer means arranged and adapted for dissipating thermal energy from the storage cell modules to the assembly and/or for introducing thermal energy from the assembly into the storage cell modules (as the electrical contacts/guides 131, 132 transfer electrical energy into the removable cartridge energy packs 102 during charging which causes heat generation, they are also considered to be the claimed heat transfer means).
Regarding claim 4, Scheucher teaches wherein the base housing has an L-shaped basic shape (see Figs 1-1B – equated to portions of enclosure 101 that hold the motherboard 120 and conduit 138, see Figs. 1-1B), wherein the connection surface extends on an inner side (see Figs 1 and 1A), and/or wherein the at least one interface is arranged on a leg end.
Regarding claim 5, Scheucher teaches wherein the power electronics are arranged and adapted to connect the electrical contacts of the adapter connections sites to one another such that the storage cell modules received by the adapter connections sites form a battery (see [0191]-[0194]).
Regarding claim 6, Scheucher teaches wherein the adapter connections sites (electrical contacts/guides 131, 132; see [0162]) have at least one electrical main connector (electrical contacts/guides 131, 132; see [0162]).
Regarding claim 9, Scheucher teaches at least one telemetry unit, communication device (ethernet connection or a network access element; see [0157]), and/or power distribution device (see Fig. 8 and [0231]).
Regarding claim 10, Scheucher teaches wherein the storage cell module (removable cartridge energy packs 102, see Fig. 1; [0149]) comprises a plurality of electrical storage cells arranged within the cell housing (see [0166] – It is the Examiner’s position that it is well known that the battery pack 102 has a plurality of electrical storage cells inside), wherein the storage cells of the storage cell module are connected in series and/or in parallel to a battery module (It is the Examiner’s position that it would have been obvious to connect the storage cells in series and/or parallel to achieve a desired voltage), or wherein a single storage cell is accommodated in the cell housing of the storage cell module.
Regarding claim 11, Scheucher is silent to wherein the plurality of electrical storage cell modules (removable cartridge energy packs 102, see Fig. 1; [0149]) is free of individual measuring, monitoring and/or protective electronics. However, Scheucher does teach that a monitor bus is also switchably interconnected by the battery interface circuit of each battery and may monitor up to K batteries (see [0024]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed for the plurality of electrical storage cell modules to be free of individual monitoring electronics because there already exists a centralized monitoring bus for up to K batteries, and would allow for more space inside each electrical storage cell module to be devoted solely to the battery power itself.
Regarding claim 12, Scheucher is silent to wherein the plurality of electrical storage cell modules is free of individual power electronics. However, Scheucher teaches that selective coupling or connection is accomplished by the microprocessor and its control of the switches which interconnect the buses to the sources (see [0212]), so it would have been obvious to one of ordinary skill in the art at the time the invention was filed to rely on the microprocessor for its power electronics and control of said power electronics in order to allow for all the space within the electrical storage cell modules to be dedicated to the battery power itself.
Regarding claim 14, Scheucher teaches wherein the battery management system (microprocessor; see [0009], [0020], [0159], [0202], and [0282]) is adapted and arranged to monitor the state of charge, the state of health and the functional state of the plurality of electrical storage cell modules (see [0009], [0020], [0159], [0202], and [0282]).
Regarding claim 15, Scheucher teaches wherein the assembly has a support structure which comprises receptacles (see Figs. 1-1F; rack with shelves 103; see [0148]-[0151]) for the plurality of storage cell modules.
Regarding claim 16, Scheucher teaches wherein the electrical storage cell modules are based on lithium-ion (see [0149]) or solid-state battery technology.
Regarding claim 17, Scheucher teaches wherein the adapter connections sites (electrical contacts/guides 131, 132; see [0162]) and the respectively corresponding adapter connections (slots 112A, 112B, see Figs. 1-1L) are reversibly releasably connected or connectable to one another via a latching connection (spring loaded lock 112 residing in aperture 106 of the shelf; see [0162] and Figs. 1G-1H).
Regarding claim 18, Scheucher teaches at least one heat exchanger (see [0155]).
Regarding claim 19, Scheucher teaches wherein the assembly comprises at least one cooling aggregate (see [0155]) and/or heating aggregate (see [0234]).
Regarding claim 20, Scheucher is silent to wherein the cell housing comprises or constitutes a plastic housing. However, it is the Examiner’s position that it is well known that the removable cartridge energy packs 102 (see [0149]) comprise a plastic housing..
Regarding claim 21, Scheucher teaches wherein the electrical storage cell modules are identically shaped (removable cartridge energy packs 102, see Figs. 1, 1D-1F; [0149]).
Regarding claim 22, Scheucher teaches wherein the battery management system (microprocessor; see [0009], [0020], [0159], [0202], and [0282]) comprises measuring, monitoring, and/or protective electronics (see [0159], [0202], and [0282]).
Regarding claim 23, Scheucher teaches wherein the adapter connections sites (electrical contacts/guides 131, 132; see [0162]) are identically shaped (see Figs. 1E-1F).
Regarding claim 24, Scheucher is silent to wherein the at least one telemetry unit, communication device (ethernet connection or a network access element; see [0157]) and/or power distribution device is arranged within the base housing (see Fig. 8 and [0231]). However, absent persuasive evidence to the contrary, their particular placement is held to be an obvious matter of design choice. See MPEP §2144.04(VI)(C).
Regarding claim 25, Scheucher teaches wherein the plurality of electrical storage cells (removable cartridge energy packs 102, see Figs. 1, 1D-1F; [0149]) is arranged stacked (see Figs. 1 and 1D-1F).
Regarding claim 26, Scheucher is silent to wherein the plurality of electrical storage cell modules (removable cartridge energy packs 102, see Figs. 1, 1D-1F; [0149]) is free of an individual battery management system. However, as Scheucher teaches that the power supply is controlled by the microprocessor and that the microprocessor manages the back-up energy source and the overall operation of the power supply (see [0009]), it would have been obvious to one of ordinary skill in the art at the time the invention was filed for the plurality of electrical storage cell modules to be free of an individual battery management system so as to utilize the microprocessor control and for all the space within the electrical storage cell modules to be dedicated to the battery power itself.
Regarding claim 27, Scheucher teaches wherein the receptacles (see Figs. 1-1F; rack with shelves 103; see [0148]-[0151]) are shaped to be complementary in shape to the cell housings (see Figs. 1-1F) and/or wherein the receptacles form the removal opening (see Figs. 1-1F).
Regarding claim 28, Scheucher is silent to wherein the cooling aggregate (see [0155]) and/or heating aggregate (see [0234]) is accommodated in the base housing. However, absent persuasive evidence to the contrary, the particular placement is held to be an obvious matter of design choice. See MPEP §2144.04(VI)(C).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheucher as applied to claim 1 above, and further in view of Sheppard (US 2007/0032127).
Regarding claim 7, Scheucher is silent to wherein the adapter connections sites have at least one mechanical and/or electronic reverse polarity protection which corresponds to a reverse polarity protection of at least one adapter connection of the electrical storage cell or of the storage module.
Sheppard teaches a reverse polarity protector 36 is also illustrated in FIG. 1 as being included in the cable 10. Although the reverse polarity protector 36 is illustrated in FIG. 1 as being electrically and physically connected next to the voltage regulator 34 in the cord 10, the reverse polarity protector 36 may be positioned at any location in the cable 10. Typically, the reverse polarity protector 36 is used to ensure that accidental improper connection of the energy source adapter 12 to the voltage source 14 does not adversely affect the electrical systems of the vehicle to which the cable 10 is attached. In other words, the reverse polarity protector 36 protects electrical systems in the vehicle from a technician accidentally connecting the energy source adapter 12 to the wrong leads of the voltage source 14 (see [0024]).
In view of Sheppard’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Scheucher to include wherein the adapter connections sites have at least one electronic reverse polarity protection which corresponds to a reverse polarity protection of at least one adapter connection of the electrical storage cell or of the storage module, because it ensures that accidental improper connections do not adversely affect the electrical systems.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheucher as applied to claim 1 above, and further in view of Mitsui et al. (US 5,805,069, hereinafter “Mitsui”).
Regarding claim 8, Scheucher is silent to wherein the adapter connections sites have a contact protection, arranged and adapted to ensure a correct connection of the electrical contacts.
Mitsui teaches a groove 32A on top of the upper case 32 of battery pack 21 (see Fig. 5). The groove 32A for preventing reverse battery pack insertion is designed to prevent a battery pack from being inserted into external equipment in an incorrect direction (see 3:21-30). The battery pack is designed so that if the battery pack is by accident inserted into equipment in an opposite direction, a part of the upper case 2 that is not grooved rests against a guide rail in the equipment to prevent the battery pack from being inserted into the equipment (equipment equated to an adapter connection site, see 1:28-33).
In view of Mitsui’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Scheucher to include wherein the adapter connections sites have a contact protection, arranged and adapted to ensure a correct connection of the electrical contacts, because it helps to prevent the battery pack from being inserted in an incorrect direction.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheucher as applied to claim 1 above, and further in view of Wipfler et al. (US 2014/0322569, hereinafter “Wipfler”).
Regarding claim 13, Scheucher is silent to at least one insulation monitoring unit.
Wipfler teaches a protection means 18 is associated with each battery cell 10. To this end, each protection means 18 can be, for example, an integral constituent part of a circuit which is permanently bound to the battery cell 10. In addition, the battery 14 comprises an insulation monitor 22 which is designed to detect contact of the battery housing 16 with a part of the battery 14 to which voltage is applied. If the insulation monitor 22 now detects an insulation fault in relation to the battery housing 16, the normally open switching means 20 is closed and therefore the battery 14 is short-circuited. When the switch 20 is closed, all of the protection means 18 are tripped at virtually the same time. This is possible since the protection means 18 are subject to very narrow tolerances, and therefore said protection means are tripped at virtually the same point in time. After the protection means 18 are tripped, the maximum voltage which occurs within the battery 14 corresponds to the voltage of an individual battery cell 10 (see [0031] and Fig. 3).
In view of Wipfler’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system of Scheucher to include at least one insulation monitoring unit because it can help detect contact of the battery housing 16 with a part of the battery 14 to which voltage is applied and immediately short circuit the battery if an insulation fault is detected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HA whose telephone number is (571)270-5934. The examiner can normally be reached M-F 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.S.H/Examiner, Art Unit 1735 20 June 2026
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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