DETAILED ACTION
Claims 1-4 and 10-12 (filed 03/11/2024) have been considered in this action. Claims 1-4 and 10-12 are newly filed. Claims 1-4 and 10-12 have been elected in the reply filed 07/15/2026.
Election/Restrictions
Applicant's election with traverse of claims 1-4 and 10-12 in the reply filed on 07/15/2026 is acknowledged. The traversal is on the ground(s) that the subject matter of all claims is related such that a search of an one Group of Claims would encompass a search of the remaining claims. This argument is not found persuasive because the supervisory apparatus of claims 5-9 does not have any functional limitation that is based on features of the control apparatus of claims 1-4. The applicant is not claiming a system that comprises both of the control apparatus and supervisory apparatus, and instead claims them separately and independently as mutually exclusive characteristics for each identified Group. The grouping of patently distinct species have acquired a separate status in the art in view of their different classification as outlined in the requirement for restriction and the grouping of claims according to these different classifications.
The requirement is still deemed proper and is therefore made FINAL.
Accordingly, claims 1-4 and 10-12 have been considered in this action.
Specification
The disclosure is objected to because of the following informalities:
In the specification on page 4 line 19, there is reference to Figure 1 showing “battery pack system 2” however figure 1 shows neither of reference number 2 nor anything designated as “battery pack system” or BPS. Either this reference must be eliminated or Figure 1 needs to be reflective of this recited reference
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Control apparatus in claims 1-4 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. According to the provided specification, the control apparatus is at least a computer comprising processor and memory ([0264 of corresponding published patent document US20240304080, instant application).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3 and 4 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.
Claims 3 and 4 recites the limitation "all of the supervisory apparatuses" in its only limitation. There is insufficient antecedent basis for this limitation in the claim. Claims 3 and 4 are dependent upon claim 1, which establishes “a supervisory apparatus”. It is unclear how the plurality of supervisory apparatuses relates to the singular supervisory apparatus of claim 1, nor how many supervisory apparatuses are required by their plural nature. For the sake of compact prosecution, the examiner shall consider ‘all of the supervisory apparatuses’ to refer to the one supervisory apparatus.
Claim 4 is further 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.
Claim 4 recites the limitation "the commands" in the limitation “whether battery information corresponding to the commands are received”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the commands” and “the transmitted commands” are in reference to “a plurality of commands” from claim 1 because the language is inconsistent. For the sake of compact prosecution, the examiner shall consider “the commands” and “a plurality of commands” and “the transmitted commands” to all relate to the same set of commands.
Claim 10 is 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.
Claim 10 recites the limitation “when receiving the battery information and the command from the supervisory apparatus”. There is insufficient antecedent basis for this limitation because it appears contradictory to the claim upon which it depends. Claim 1 establishes that the control apparatus comprises “a wireless communication unit that wirelessly transmits a plurality of commands which are combined to the supervisory apparatus” thus clearly indicating that commands are transmitted to the supervisory apparatus, and do not come from them. Claim 10 requires the instance of “when receiving….the command from the supervisory apparatus” which reverses the direction of communication established by claim 1. Accordingly, it is confusing and unclear whether “the command” of claim 10 is the same or one of “a plurality of commands” from claim 1 because the direction of communication is reversed, and it fails to properly utilize antecedent basis in a cogent and understandable way. For the sake of compact prosecution, the examiner shall consider “the command” from claim 10 as any command or piece of data that was sent with the battery information from the supervisory apparatus.
Claim 12 is 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.
Claim 12 is generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Claim 12 is confusing in that it establishes a program executed by a control apparatus, but then attempts to establish what is performed by supervisory apparatuses such that it is unclear what exactly is encompassed by “the program” and what is not. It is unclear because the claim explicitly recites “A program causing a control apparatus to execute a control for a plurality of supervisory apparatuses” but then establishes “wherein the program causes the supervisory apparatus to cause a wireless communication unit to wirelessly transmit a plurality of commands” which based upon standard English Grammer, is confusing as to what exactly is being performed by the control apparatus. As outlined by the specification a control apparatus (50) is separate and distinct from a supervisory apparatus (40) and thus a program run by a control apparatus would not be the same program as run on a supervisory apparatus, even though these devices operate in synchrony. It is confusing and unreasonable to claim a program that causes actions by a control apparatus to then also cause operations by the supervisory apparatuses because these are separate and distinct functions as outlined in the specification. It would appear claim 12 is attempting to establish a corresponding claim to claim 11, albeit in the statutory category of invention of a product as opposed to a method (i.e. a program product as opposed to a method). As such, for the sake of compact prosecution, because claim 12 is so confusingly recited, it shall be treated as reciting corresponding limitations to that of claim 11.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed towards “a program” which can take multiple forms that are non-statutory, including as a signal, or information per se. For example, a program in the form of commands wirelessly sent in a transitory manner would be encompassed by the BRI of the claim. Alternatively, a program as claimed is a form of software per se, a form of product without any inherent structural or tangible elements. As outlined in MPEP 2106.03, “Non-limiting examples of claims that are not directed to any of the statutory categories include: • Products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations;”. Claim 12 explicitly recites the invention as a program, and thus is considered software per se, a form of non-statutory subject matter. Accordingly, claim 12 is rejected under 35 U.S.C. 101 for being directed towards non-statutory subject matter.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-3 and 11-12 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Park (US 20220179001, hereinafter Park).
In regards to Claim 1, Park teaches “A control apparatus performing wireless communication” ([0002] The present invention relates to a battery management system for performing wireless communication using an intermediate node and a communication method thereof. [0040] Referring to FIG. 2, an upper-level controller 200 according to an embodiment of the present invention may include a communication unit 210, a control unit 220, and a memory unit 230; wherein the upper-level controller is the control apparatus) “with a supervisory apparatus that acquires battery information indicating a battery state and transmits the acquired battery information” ([0050] Referring to FIG. 3, a lower-level controller 300 according to an embodiment of the present invention may include a communication unit 310, a control unit 320, and a memory unit 330. [0054] The control unit 320 may perform an operation according to a command signal received from the upper-level controller 200. That is, when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310) “and controlling the supervisory apparatus based on the battery information, the control apparatus comprising:” ([0077] Referring to FIG. 7, the command signal of the upper-level controller according the embodiment of the present invention may include a header 610, Measure Trigger identification information 620, Measure Trigger repetition number identification information 630, and command information 640 including balancing, etc. [0081] The command information 640 including Balancing, etc. may include information on measuring the state of the battery (e.g., information on measuring the voltage, temperature, SOC, etc. of the battery), and information on balancing of each battery cell (e.g., balancing cycle, information about voltage, etc.).[0086] The upper-level controller that has received the response signal selects an intermediate lower-level controller according to a predetermined criterion among the lower-level controllers. In this case, the upper-level controller may select the intermediate lower-level controller based on the strength of the response signal received from the lower-level controller (S740). [0087] For example, the upper-level controller may select a lower-level controller whose strength of the response signal received from the lower-level controller is equal to or greater than a preset reference value (first reference value) as the intermediate lower-level controller) “a wireless communication unit that wirelessly transmits a plurality of commands which are combined to the supervisory apparatus corresponding to a control period set for a control of monitoring the battery state” (Fig. 5 and 6 and [0042] The communication unit 210 may transmit a command signal to the lower-level controller and receive a response signal to the command signal from the lower-level controller 220. The communication unit 210 may transmit and receive signals to and from all the lower-level controllers 220 in a broadcast manner.I n this case, the upper-level controller 210 may repeatedly transmit the same signal several times during a fixed period so that the lower-level controller 220 that fails to receive the signal does not occur. [0044] The command signal transmitted by the communication unit 210 may include identification information ID unique to signal, identification information on the number of repetitions of the signal, and information on battery state measurement. As described above, the communication unit 210 of the upper-level controller 200 generally repeatedly transmits a signal during a fixed period, and the transmitted command signal includes information on the number of times the signal is repeatedly transmitted during the corresponding period. In addition, the information on the battery state measurement of the command signal may include a trigger signal for measuring a state of the battery module; [0054] when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310. [0084] The lower-level controller receiving the command signal performs an operation according to the command signal received from the upper-level controller (S720). In this case, the lower-level controller may monitor the states such as voltage, temperature, and SOC of the battery according to the command signal from the upper-level controller; wherein the fixed period is the control period, and because the sent information is all of voltage, temperature and SOC it is a combined command for all of these monitored values required in a response).
In regards to Claim 2, Park further teaches “The control apparatus according to claim 1, wherein a communication period for transmitting the battery information between the wireless communication unit and the supervisory apparatus is set shorter than the control period” (Fig. 5 and 6 [0042] The communication unit 210 may transmit a command signal to the lower-level controller and receive a response signal to the command signal from the lower-level controller 220. The communication unit 210 may transmit and receive signals to and from all the lower-level controllers 220 in a broadcast manner.I n this case, the upper-level controller 210 may repeatedly transmit the same signal several times during a fixed period so that the lower-level controller 220 that fails to receive the signal does not occur. [0044] The command signal transmitted by the communication unit 210 may include identification information ID unique to signal, identification information on the number of repetitions of the signal, and information on battery state measurement. As described above, the communication unit 210 of the upper-level controller 200 generally repeatedly transmits a signal during a fixed period, and the transmitted command signal includes information on the number of times the signal is repeatedly transmitted during the corresponding period. In addition, the information on the battery state measurement of the command signal may include a trigger signal for measuring a state of the battery module; [0054] when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310. wherein the fixed period is the control period (T_cycle), and because it repeatedly performs the communication and receives responses in the fixed period, the communication period must be shorter than the control period in order for the communication to occur multiple times in the fixed/control period).
In regards to Claim 3, Park further teaches “The control apparatus according to claim 1, wherein the wireless communication unit transmits next and subsequent commands to the supervisory apparatus after receiving responses from all of the supervisory apparatuses, the responses corresponding to the transmitted commands which are combined” ([0003] in the case of a battery management system, since communication should be performed in real time, and thus the communication fault need to be minimized [0061] In addition, when one upper-level controller assigns a unique identification ID to each lower controller when connection with all the lower-level controllers is complete. In this case, the assigned ID is included in the response signal packet of the lower-level controllers, and thus a packet structure is formed so that all the lower-level controllers, including the upper-level controller that receives the response packet, can recognize from which lower-level controller the response packet has been received. [0063] Referring to FIG. 5, in the conventional battery management device, the upper-level controller transmits a command signal (e.g., a Measure Trigger signal) several times at a fixed period, thereby minimizing lower-level controllers that fail to receive a signal. In this case, the upper-level controller may transmit the command signal to the lower-level controller as many times as the number of communication protocols promised in advance. [0064] In addition, the lower-level controllers may repeatedly transmit the response signal including measurement data to the upper-level controller at a fixed period allocated according to their respective order. Even in this case, the lower-level controllers may transmit a command signal to the upper-level controller as many times as the number of communication protocols promised in advance. [0065] For example, in FIG. 5, the upper-level controller transmits a command signal three times at intervals of 2 ms for a period of 5.5 ms (T_Request). In addition, each lower-level controller that has received the command signal may measure the state of the battery for 3 ms (T_Measure), and transmit a response signal thereto three times at intervals of 2.8 ms for a period of 7.6 ms (T_Slave_Slot). [0066] Accordingly, if there are a total of N lower-level controllers in the battery management device, a signal transmission and reception period (T_Cycle) between the upper-level controller and the lower-level controllers becomes T_Request+T_Measure+T Response (T_Slave_Slot*N) as illustrated in FIG. 5; wherein because the process is cyclical, it is performed for next and subsequent commands and also because first an ID is sent to each lower-level controller so it can be utilized in a response requires that all lower level controllers be first assigned the ID before cyclical battery state monitoring is performed, and thus each is enumerated to N for how many responses are in each cycle, which is continuously performed for real-time monitoring).
In regards to Claim 11, Park teaches “A method comprising: causing a control apparatus to control with a wireless communication” ([0002] The present invention relates to a battery management system for performing wireless communication using an intermediate node and a communication method thereof. [0040] Referring to FIG. 2, an upper-level controller 200 according to an embodiment of the present invention may include a communication unit 210, a control unit 220, and a memory unit 230; wherein the upper-level controller is the control apparatus) “among a plurality of supervisory apparatuses each acquiring battery information including information of a battery state and transmitting the acquired battery information” ([0050] Referring to FIG. 3, a lower-level controller 300 according to an embodiment of the present invention may include a communication unit 310, a control unit 320, and a memory unit 330. [0054] The control unit 320 may perform an operation according to a command signal received from the upper-level controller 200. That is, when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310; [0059] Referring to FIG. 4, in the conventional battery management device, signals are transmitted and received between one upper-level controller (master BMS) and a plurality of lower-level controllers (slave BMS) on a one-to-one basis (broadcast method)) “each supervisory apparatus based on the battery information; and” ([0077] Referring to FIG. 7, the command signal of the upper-level controller according the embodiment of the present invention may include a header 610, Measure Trigger identification information 620, Measure Trigger repetition number identification information 630, and command information 640 including balancing, etc. [0081] The command information 640 including Balancing, etc. may include information on measuring the state of the battery (e.g., information on measuring the voltage, temperature, SOC, etc. of the battery), and information on balancing of each battery cell (e.g., balancing cycle, information about voltage, etc.). [0086] The upper-level controller that has received the response signal selects an intermediate lower-level controller according to a predetermined criterion among the lower-level controllers. In this case, the upper-level controller may select the intermediate lower-level controller based on the strength of the response signal received from the lower-level controller (S740). [0087] For example, the upper-level controller may select a lower-level controller whose strength of the response signal received from the lower-level controller is equal to or greater than a preset reference value (first reference value) as the intermediate lower-level controller) “causing the control apparatus to cause a wireless communication unit to wirelessly transmit a plurality of commands being integrated, corresponding to a control period which is set for monitoring the battery state” (Fig. 5 and 6 and [0042] The communication unit 210 may transmit a command signal to the lower-level controller and receive a response signal to the command signal from the lower-level controller 220. The communication unit 210 may transmit and receive signals to and from all the lower-level controllers 220 in a broadcast manner.I n this case, the upper-level controller 210 may repeatedly transmit the same signal several times during a fixed period so that the lower-level controller 220 that fails to receive the signal does not occur. [0044] The command signal transmitted by the communication unit 210 may include identification information ID unique to signal, identification information on the number of repetitions of the signal, and information on battery state measurement. As described above, the communication unit 210 of the upper-level controller 200 generally repeatedly transmits a signal during a fixed period, and the transmitted command signal includes information on the number of times the signal is repeatedly transmitted during the corresponding period. In addition, the information on the battery state measurement of the command signal may include a trigger signal for measuring a state of the battery module; [0054] when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310. [0084] The lower-level controller receiving the command signal performs an operation according to the command signal received from the upper-level controller (S720). In this case, the lower-level controller may monitor the states such as voltage, temperature, and SOC of the battery according to the command signal from the upper-level controller; wherein the fixed period is the control period, and because the sent information is all of voltage, temperature and SOC it is a combined command for all of these monitored values required in a response).
In regards to Claim 12, Park teaches “A program causing a control apparatus to execute a control” ([0099] As described above, a computer program according to the present invention may be recorded in the memory 920 and processed by the microcontroller 910, thereby capable of being implemented as, for example, a module that performs each functional block illustrated in FIG. 2; [0002] The present invention relates to a battery management system for performing wireless communication using an intermediate node and a communication method thereof. [0040] Referring to FIG. 2, an upper-level controller 200 according to an embodiment of the present invention may include a communication unit 210, a control unit 220, and a memory unit 230; wherein the upper-level controller is the control apparatus) “for a plurality of supervisory apparatuses each acquiring battery information including information of a battery state and transmitting the acquired battery information” ([0050] Referring to FIG. 3, a lower-level controller 300 according to an embodiment of the present invention may include a communication unit 310, a control unit 320, and a memory unit 330. [0054] The control unit 320 may perform an operation according to a command signal received from the upper-level controller 200. That is, when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310; [0059] Referring to FIG. 4, in the conventional battery management device, signals are transmitted and received between one upper-level controller (master BMS) and a plurality of lower-level controllers (slave BMS) on a one-to-one basis (broadcast method)) “the control apparatus controlling, based on the battery information, each of the supervisory apparatuses with wireless communication” ([0002] The present invention relates to a battery management system for performing wireless communication using an intermediate node and a communication method thereof; [0077] Referring to FIG. 7, the command signal of the upper-level controller according the embodiment of the present invention may include a header 610, Measure Trigger identification information 620, Measure Trigger repetition number identification information 630, and command information 640 including balancing, etc. [0081] The command information 640 including Balancing, etc. may include information on measuring the state of the battery (e.g., information on measuring the voltage, temperature, SOC, etc. of the battery), and information on balancing of each battery cell (e.g., balancing cycle, information about voltage, etc.). [0086] The upper-level controller that has received the response signal selects an intermediate lower-level controller according to a predetermined criterion among the lower-level controllers. In this case, the upper-level controller may select the intermediate lower-level controller based on the strength of the response signal received from the lower-level controller (S740). [0087] For example, the upper-level controller may select a lower-level controller whose strength of the response signal received from the lower-level controller is equal to or greater than a preset reference value (first reference value) as the intermediate lower-level controller) “wherein the program causes the supervisory apparatus to cause a wireless communication unit to wirelessly transmit a plurality of commands being integrated, corresponding to a control period which is set for monitoring the battery state” (Fig. 5 and 6 and [0042] The communication unit 210 may transmit a command signal to the lower-level controller and receive a response signal to the command signal from the lower-level controller 220. The communication unit 210 may transmit and receive signals to and from all the lower-level controllers 220 in a broadcast manner.I n this case, the upper-level controller 210 may repeatedly transmit the same signal several times during a fixed period so that the lower-level controller 220 that fails to receive the signal does not occur. [0044] The command signal transmitted by the communication unit 210 may include identification information ID unique to signal, identification information on the number of repetitions of the signal, and information on battery state measurement. As described above, the communication unit 210 of the upper-level controller 200 generally repeatedly transmits a signal during a fixed period, and the transmitted command signal includes information on the number of times the signal is repeatedly transmitted during the corresponding period. In addition, the information on the battery state measurement of the command signal may include a trigger signal for measuring a state of the battery module; [0054] when the control unit 320 receives a command signal for measuring the battery state from the host controller 200, the control unit 320 may monitor the voltage, temperature, and state of charge of the battery, and transmit a resulting response signal of monitoring to the upper-level controller 200 again through the communication unit 310. [0084] The lower-level controller receiving the command signal performs an operation according to the command signal received from the upper-level controller (S720). In this case, the lower-level controller may monitor the states such as voltage, temperature, and SOC of the battery according to the command signal from the upper-level controller; wherein the fixed period is the control period, and because the sent information is all of voltage, temperature and SOC it is a combined command for all of these monitored values required in a response).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of Lee (US 20200119564, hereinafter Lee).
In regards to Claim 4, Park teaches the control apparatus as incorporated by claim 1 above.
Park further teaches “The control apparatus according to claim 1, wherein a reception information determination unit is provided to determine whether responses corresponding to the transmitted commands which are combined, … and whether battery information corresponding to the commands are received” ([0060] That is, in the conventional battery management device, the upper-level controller performs communication in such a way of transmitting a command signal for measuring the state of the battery to each lower-level controller and receiving a response signal to the command from each lower-level controller again. [0061] In addition, when one upper-level controller assigns a unique identification ID to each lower controller when connection with all the lower-level controllers is complete. In this case, the assigned ID is included in the response signal packet of the lower-level controllers, and thus a packet structure is formed so that all the lower-level controllers, including the upper-level controller that receives the response packet, can recognize from which lower-level controller the response packet has been received. [0067] However, according to this conventional method, when a communication fault factor occurs between the upper-level controller and the lower-level controllers, there is a problem that some lower-level controllers fail to receive the signal. [0080] The Measure Trigger repetition number identification information 630 may include information on a transmission period of a signal and the number of repetitions during the transmission period so as to detect omission of the number of repetitions of the signal transmitted and received by the upper or lower-level controller during a fixed period. [0083] Referring to FIG. 8, first, a command signal is transmitted from an upper-level controller to a lower-level controller (S710). For example, the upper-level controller may include a Measure Trigger signal that causes the lower-level controller to measure the state of the battery. [0084] The lower-level controller receiving the command signal performs an operation according to the command signal received from the upper-level controller (S720). In this case, the lower-level controller may monitor the states such as voltage, temperature, and SOC of the battery according to the command signal from the upper-level controller. [0085] Then, the lower-level controller transmits a response signal to the command signal to the upper-level controller (S730). For example, the response signal transmitted to the upper-level controller may include result data regarding the states such as the voltage, temperature, and SOC of the battery; wherein the detection of omissions are whether battery information corresponding to the commands are received determination, or likewise the communication fault can be an indication of command response failure).
Park fails to teach “…to determine whether responses corresponding to the transmitted commands which are combined, are received from all of the supervisory apparatuses…”.
Lee teaches “…to determine whether responses corresponding to the transmitted commands which are combined, are received from all of the supervisory apparatuses…” ([0055] The master device 110 verifies sensing data received in a predetermined period of time to determine whether the sensing data of all of the battery cells included in the battery module 130 is received. When it is determined that the sensing data of all of the battery cells included in the battery module 130 is not received, the master device 110 dynamically changes the communication path to transmit a request for sensing data of the reference battery cell).
It would have been obvious to a person having ordinary skill in the art before the effective file date of the claimed invention to have modified the control apparatus that determines when battery information is received by determining if there are omissions in the received battery information with the use of a verification step that verifies if sensor data from all of the batteries of the system are received as taught by Lee, because it would gain the stated benefit, namely that it would be able to dynamically change communication paths so that the information can be more reliably received. This is in line with how Park operates by assigning intermediate nodes to the supervisory devices so that when communication faults occur that would cause failures in data reception, and could be added as a feature to detect when a communication fault occurs. By combining these elements, it can be considered taking the known use of a logic to determine whether responses from all supervisory apparatus of a battery that sends sensor data is received, and using it to improve the control apparatus that determines if battery information corresponding to the commands are received in a known way that achieves predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of Brochhaus (English translation of WO 2015104204, hereinafter Brocchaus).
In regards to Claim 10, Park teaches the control apparatus as incorporated by claim 1 above.
Park further teaches “The control apparatus according to claim 1… a sequence with which the battery information and the command are to be received” ([0006] In addition, the master device transmits a trigger signal commanding battery state measurement several times at a fixed period so that all slave devices are allowed to receive the signal. In addition, the slave devices that have received the signal transmit the measurement signal again to the master device at the point in time allocated through the timer in order at a fixed period).
Park teaches that there is a particular order/sequence for which the battery information is to be transmitted by the supervisory/slave apparatus, but fails to teach “wherein the control apparatus is provided with a sequence determination unit that determines, when receiving the battery information and the command from the supervisory apparatus, whether the battery information and the command are correctly received based on sequence information indicating a sequence with which the battery information and the command are to be received”.
Brocchaus teaches “wherein the control apparatus is provided with a sequence determination unit that determines, when receiving the battery information and the command from the supervisory apparatus, whether the battery information and the command are correctly received based on sequence information indicating a sequence with which the battery information and the command are to be received” ([page 3] Method steps provided: a) sending at least one start signal for the module control units on the second communication channel by the main control unit, b) determining a separate identifier after receiving the start signal by each module control unit, c) sending the determined own identifier on the first Communication channel through each module control unit, d) receiving the identifiers by the main control unit on the first Communication channel and e) Checking the number and order of the received identifiers by the main control unit. In step a), the module control units are successively via start signals from the Main control unit started.....The identifiers arriving on the first communication channel are checked by the main controller in step e). If the number and order of the incoming identifiers is correct, then a correct system start can be assumed. The presented method is optimized for speed and allows use in Battery management systems, which require a time-critical start. ...According to a preferred embodiment, in the event that the check in step e) reveals that exactly one identifier is faulty, the following method step is carried out: f) assignment of a new identifier by the main controller to the Module controller with the faulty identifier. In the event that no optimal boot process has taken place, in which all identifiers are distributed unambiguously and without errors, it is thus provided that the error is corrected by the main control unit without having to reassign all identifiers. This applies, for example, to the case where a module control device has a faulty memory and can no longer correctly read its identifier).
It would have been obvious to a person having ordinary skill in the art before the effective file date of the claimed invention to have modified the control apparatus that assigns an identifier and order for receiving communication from a plurality of battery supervisory apparatus as taught by Park, with the methods of Brochhaus in which a master device that assigns an identification number and order/sequence to receive information from a plurality of battery modules/supervisory apparatus and then checks that the identification number and order/sequence are correct by verifying that the correct order is received by the master device as taught by Brocchaus because it can be used as an indication that one of the modules is newly installed or has an error ([page 4]). By combining these elements, it can be considered taking the known sequence verification check that checks each and every supervisory battery module in a sequence of modules is correctly received, and using it to improve the control apparatus of Park in a known way that achieves predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hwang (US 20230054678) – teaches a battery rack controller that can change the wireless transmission path to a plurality of battery modules
Santhana et al. (US 20230051689) – teaches a wireless battery management that utilized encryption keys to encrypt traffic from battery modules
Yang (US 20220329086) teaches a wireless battery management by which can detect abnormal wireless communication and is able to adapt a communication on the basis of abnormality
Kuroda et al. (US 20220200316) – teaches a battery management that provides balancing of batteries in a pack on the basis of received voltage and temperature and current information from each battery
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/JONATHAN MICHAEL SKRZYCKI/Examiner, Art Unit 2116
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