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 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.
Claims 1-7 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.
With respect to claim 1, the claim recites “one or more batteries having capacity differences between batteries”. It is not possible, or at the very least unclear, how one battery can have capacity differences between batteries. The examiner assumes the claim should have been written to state –two or more batteries—for the purposes of examination below.
Claims 2-6 depend on claim 1 and are rejected for the same reasons.
With respect to claims 4-6, “the one of more batteries having less capacity” lacks antecedent basis. It appears claim 4 is supposed to depend on claim 2. Additionally, “one of more” appears to be a misspelling and should recited –one or more--.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Trezise [US 20240356341].
With respect to claim 1, Trezise discloses a battery storage system comprising one (two) or more batteries [Fig. 1] having capacity differences between batteries [par. 0131] and at least one relay [112 and/or 114], wherein the at least one relay disconnects or reconnects the one or more batteries from the system [i.e. connected between the batteries and the system].
With respect to claim 2, Trezise further discloses wherein the one (two) or more batteries comprise batteries with more capacity and batteries with less capacity relative to an average capacity across the battery storage system [implicitly battery capacities vary from one another since they cannot be perfectly identical and therefore when given two or more batteries some have to be above and some below the average].
With respect to claim 3, Trezise further discloses wherein the at least one relay is an internal relay attached to each of the one or more batteries [see Figs. 1 and 2].
With respect to claim 4, Trezise further discloses wherein the one (two) of (or) more batteries having less capacity relative to the average capacity are disconnected from the system through the internal relay [par. 0030, 0053, 0101, 0113-0118].
With respect to claims 5-6, Trezise further discloses wherein the batteries with less capacity are disconnected, the battery storage system is cycled, after which time the batteries with less capacity are reconnected to the system when voltage and state of charge readings match that of the system [Fig. 6; par. 0061; additionally note the process is restarted after battery disconnect and update of status, see also par. 0072-0076].
With respect to claim 7, Trezise discloses a battery storage system that allows connection of batteries of different charge states without having to first match their states of charge through at least one external component selected from the group consisting of external charger and external load [Fig. 1; i.e. switches/relays 114/112 allow connection of batteries with different charge states to the load].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2024/0275195 to Hara additionally discloses batteries of different capacities being selectively connected to a load/power supply through switching devices and therefore additionally reads on all the claimed limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL R PELTON whose telephone number is (571)270-1761. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL R PELTON/Primary Examiner, Art Unit 2859
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