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 § 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(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (JP 2022098799 A, cited in the IDS, machine translation attached) in view of Hosono et al. (WO 2020090360 A1) and Hagiwara et al. (US 20240266630 A1), hereinafter Suzuki, Hosono, and Hagiwara respectively.
Regarding claim 1, Suzuki teaches a battery system comprising: a battery unit accommodated in a battery case [0010], the battery unit including a sulfide-based all-solid-state battery [0006];
a heater unit configured to heat the battery unit (Fig. 1, 14 [0016]);
and a sensor unit configured to measure a hydrogen sulfide gas concentration inside the battery case (Fig. 1, 35 [0017])
and after starting the driving of the heater unit, when the measured value becomes greater than a second threshold value, a responsive control to deal with generation of the hydrogen sulfide gas from the sulfide-based all-solid-state battery being executed ([0053]-[0054], gas controller 36 opens valve 34). Suzuki does not teach that this threshold value is more than a first threshold value.
Suzuki also does not specifically teach that the heater unit starts to be driven when a measured value of the sensor unit becomes greater than a first threshold value and
Hosono, however, teaches of a sulfur-based secondary battery and a way to detect the generation of hydrogen sulfide in the battery [0032]. Hosono also teaches of a heater unit that starts to be driven when a measured value of the sensor unit becomes greater than a first threshold value (Fig. 1, 116, [0041], [0044]). The threshold value here is when there is a leakage detected by the detection unit and the leakage needs to be promoted [0041].
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Suzuki heater so that it starts to be driven when a measured value of the sensor unit becomes greater than a first threshold value because it can improve the accuracy of leak detection of electrolyte or solid electrolyte from a battery or capacitor by efficiently detecting gas generated from the electrolyte or solid electrolyte of a battery or capacitor (Hosono [0005]).
In addition, Hagiwara teaches of a sulfur-based all-solid-state battery with detectors configured to detect hydrogen sulfide gas [0007]. Hagiwara also teaches a second threshold value that is higher than the first threshold value [0061], the first threshold value being a value when hydrogen sulfide is first being generated, as stated above.
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to further modify the modified Suzuki battery system so that the second threshold value is higher than the first threshold value because miscellaneous gases other than hydrogen sulfide may be detected by the sensor if the second threshold was set as low as the first threshold value (Hagiwara [0061]).
Regarding claim 2, modified Suzuki teaches the battery system according to claim 1, wherein the battery unit includes a first battery (Suzuki [0010]), the heater unit includes a first heater that heats the first battery (Suzuki, fig. 1, 14), the sensor unit includes a first sensor configured to measure the hydrogen sulfide gas concentration, and the first sensor is disposed in a vicinity of the first battery (Suzuki fig. 1, 35 [0017]). Suzuki does not specifically teach that the battery system includes a second battery, a second heater that heats the second battery, and a second sensor configured to measure the hydrogen sulfide gas concentration, the second sensor is disposed in a vicinity of the second battery, and when the measured value of the first sensor becomes greater than the first threshold value earlier than the measured value of the second sensor does, only the first heater of the first heater and the second heater is started to be driven.
However, since the second battery, heater, and sensor function completely independently from the first battery, heater and sensor, it would be obvious to a person having ordinary skill in the art before the effective filing date to further modify the Suzuki battery so that the first battery, heater, and sensor are duplicated to form the second battery, heater, and sensor. The duplication of prior art parts has been held to be an obvious variation. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); Petroleo Brasileiro S.A.-- Petrobras v. Comm’r of Patents and Trademarks, 2 USPQ2d 1720, 1721-22 (D.D.C. 1987) (affirming BPAI conclusion that using multiple reactors would have been obvious to one of skill in the art where the prior art teaches only a single, similar reactor); MPEP 2144.04 VI. B.
Regarding claim 3, modified Suzuki in view of Hosono and Haiwara teaches the battery system according to claim 1, wherein the battery unit is configured to be chargeable and dischargeable ([0011] secondary battery). The limitation that “the battery unit is configured to be connectable via a relay device to an electric power converter connected to a rotating electric machine that generates propulsive force of an electrified vehicle” is an intended use limitation. Absent structural differences between a claim and a prior art material or article, a recitation of the claimed material or article’s intended use cannot alone patentably distinguish the claimed invention from the prior art. See MPEP 2114 I-II, citing, e.g., Ex parte Masham, 2 USPQ2d 1647 (BPAI 1987). Thus, if the prior art structure is capable of performing the intended use, as modified Suzuki is, it meets the claim. See MPEP 2111.02 II, citing In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki in view of Hosono and Hagiwara as applied to claim 1 above, and further in view of Mukai et al. (US 11955637 B2).
Regarding claim 4, modified Suzuki in view of Hosono and Hagiwara teaches the battery system according to claim 1, but does not specifically teach that the first threshold value is equal to or less than 1 ppm; and the second threshold value is greater than 1 ppm and less than 5 ppm.
Mukai, however, teaches of hydrogen sulfide buildup in sulfur-based batteries, and how it affects humans. Specifically, when the hydrogen sulfide concentration in the air becomes 10 ppm or more, there is a risk of hydrogen sulfide poisoning (Col. 4, lines 9-16), which is why the second threshold has to have a value below this range so that adverse effects do not happen.
In addition, Suzuki teaches that if any hydrogen sulfide leaks out of the secondary battery, it may corrode the metal parts inside the battery case [0050], which is why the first threshold has to be a low value such as less than 1 ppm so leaks can be immediately detected.
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Suzuki battery system so that the first threshold is equal to less than 1 ppm and the second threshold value is greater than 1 ppm and less than 5 ppm in order to meet the conditions disclosed in the prior art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Honda (US 20180212284 A1) teaches a control unit of a sulfur-based batter hydrogen sulfide [0263]. There are gas discharging steps after a first and second threshold (Fig. 34A and B).
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/YVONNE WEI/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722
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