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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 6 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. Specifically, claim 6 recites the limitation “functionally enhanced sub-variants…” which renders the claim indefinite. The term “functionally enhanced sub-variants” is not defined by the claim nor does the specification objective boundaries for what degree or type of “functional enhancement” is required by the claim.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 6-9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 2022/0399587).
With respect to claim 1, and commensurate claim 14, Song teaches A system and method for estimating a present quality of an energy storage device (see at least Abstract and ¶[0038] wherein the system of Song accurately detects the swelling of a battery cell), the energy storage device (see at least Figs. 1 and 4; battery cell 100); a length change measuring unit (see at least Figs. 1 and 4; deformation measuring unit 200; ¶[0040]); a temperature measuring unit (see at least Figs. 1 and 4; temperature measuring unit 600); and a control unit (see at least Figs. 1 and 4; control unit 400), configured for: : measuring a first length change of a first surface of the energy storage device, the first length being a vertical or horizontal length of the first surface (see at least ¶[0040] “The strain gauge sensor may be implemented [as] …a mechanical strain gauge sensor that measures a deformation rate of a structure by mechanically measuring the change in distance between two points. In the present disclosure, various types of strain gauge sensors known at the time of filing of this application may be employed as the deformation measuring unit 200”); measuring a temperature and/or a second length change of a second surface of the energy storage device, the second length being a vertical or horizontal length of the second surface (see at least ¶[0076] wherein the temperature measuring unit 600 measures the temperature at or around the electrode terminal of the battery cell 100 – the electrode terminal being a second surface different from the first surface to which the deformation measuring unit is attached); and estimating the present quality of the energy storage device based on the first length change combined with the temperature and/or based on the first length change combined with the second length change of the energy storage device (see at least ¶[0080] wherein the control unit may determine that the battery cell is swelled only when the deformation amount is greater than or equal to a reference deformation and the temperature measured by the temperature measuring unit is greater than a reference temperature).
With respect to claim 2, Song teaches further comprising at least one of: outputting the estimating of the present quality of the energy storage device; turning off a system that comprises the energy storage device; and/or turning on a cooling device and/or a moisture reduction system (see at least ¶[0064] “if it is predicted that the swelling situation of the battery cell 100 will arrive, the control unit 400 may be configured to stop or reduce the use of the battery cell 100 or to give a warning to a user such as a vehicle driver through a display unit”).
With respect to claim 3, Song teaches wherein the present quality of the energy storage device is estimated based on a ratio between the first length change and/or the second length change of at least one surface in a predefined timespan and a change of the temperature in said predefined timespan (see at least ¶[0084] wherein the control unit determines the severity of the swelling situation based on the degree to which each of the reference amounts (both length and temperature) are exceeded in the same time period).
With respect to claim 4, Song teaches wherein the present quality of the energy storage device is estimated based on a ratio between the first length change of a lateral surface and the second length change of a upper or lower surface (see at least ¶[0091]).
With respect to claim 6, Song teaches wherein the energy storage device is a film capacitor, the film comprising polypropylene (PP), polyethylene terephthalate (PET), polyethylene naphthalate (PEN), polyphenylene sulfide (PPS), polycarbonate (PC), functionally enhanced sub-variants including nanostructured materials, another polymer, and/or a combination of these materials, and/or the energy storage device is an accumulator or a battery (see at least Abstract and ¶[0036]; battery cell 100 – the examiner notes that the BRI of claim 6 includes that the energy storage device is a battery).
With respect to claim 7, Song teaches wherein the first and/or second length change is measured by a length change measuring unit, and wherein the temperature is measured by a temperature measuring unit (see at least Figs. 1 and 4 and ¶[0040], [0076] and [0080]).
With respect to claim 8, Song wherein the temperature measuring unit is a sensor that is in contact with the energy storage device, and/or by a contactless sensor (see at least ¶[0076]).
With respect to claim 9, Song wherein the length change measuring unit is a device that measures a capacitive change, an inductive change and/or a resistive change (see at least ¶[0040]).
With respect to claim 11, Song wherein measuring the first and/or second length change and measuring the temperature of the energy storage device is performed by a combined sub-system, and wherein the combined sub-system comprises: the temperature measuring unit arranged on a surface of the energy storage device; an elastic plate formed as a U-cutout or an H-cutout of a surrounding plate; and the length change measuring unit arranged on the elastic plate; wherein the temperature measuring unit is in mechanical contact with both the surface and the elastic plate so that each of the first and/or second length change of the surface of the energy storage device leads to a length change of the elastic plate (see at least Figs 4-6 and ¶[0095]-[0096] wherein the temperature measuring unit; control unit and deformation measuring unit are all formed on a printed circuit board).
With respect to claim 12, Song teaches wherein the elastic plate that is designed as a U-cutout has the length change measuring unit arranged on an upper side and/or on a lower side of the elastic plate, and/or wherein the elastic plate that is designed as an H-cutout has the length change measuring unit arranged on an upper side and/or on a lower side of the elastic plates and/or between the tips of the elastic plates (see at least Figs 4-6 and ¶[0095]-[0096]).
With respect to claim 13, Song teaches wherein the first and/or second length change is measured for a plurality of energy storage devices (see at least ¶[0090]).
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.
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.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2022/0399587) in view of Kaplan et al. (US 10637108).
With respect to claim 5, Song teaches wherein the present quality of the energy storage device is determined based a comparison of the measured values to a reference value stored in advance (see at least ¶[0051]-[0052] and [0079]), but does not explicitly teach that the preset quality is based on a plurality of historic data and/or of a simulation of the first and/or second length changes and/or temperatures. However, such matter is taught by Kaplan et al. (see at least col. 3, line 21-col. 4, line 11, wherein a detector is used to determine that an outward expansion of an energy storage device case is occurring and activating an expansion signal/warning in response thereto. Kaplan teaches that the signals from the detector can be compared to a set point or to previous readings generated by the detector to determine whether failure of the energy storage device is imminent).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to use the system for detection of the expansion (swelling) of an energy storage device case that uses previous readings for determination of a fault/problem as taught by Kaplan with the swelling detection system for an electric storage device of Song as one of ordinary skill in the art would have understood either a specific set point reference value or comparison to previous readings of the same sensor would both provide the necessary information to determine a fault in the system and one of ordinary skill in the art would have predictably substituted the use of previous readings for a set point reference value.
With respect to claim 10, Song teaches that the deformation measuring unit 200 may be a strain gauge (see at least ¶[0040]), but does not specifically teach that the gauge is arranged tightly around the energy storage device. However, such matter is taught by Kaplan et al. (see at least col. 3, line 21-col. 4, line 11, wherein the gauge can surround the electrical storage device).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to use the system for detection of the expansion (swelling) of an energy storage device case that uses a specific type of strain gauge as taught by Kaplan with the swelling detection system for an electric storage device of Song as one of ordinary skill in the art would have understood that any type of strain gauge that provides a detection of displacement/distance would provide the necessary information to determine a fault in the system and one of ordinary skill in the art would have predictably substituted the specific type of strain gauge into the system of Song.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE MARIE ANTONUCCI whose telephone number is (313)446-6519. The examiner can normally be reached Monday to Friday 8:30 to 5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMES TRAMMELL can be reached at 571-272-6712. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANNE MARIE ANTONUCCI
Supervisory Patent Examiner
Art Unit 3666A
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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