DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/19/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
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.
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 1-5 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.
Regarding claim 1, the claim recites:
“the control device is configured to, when the control device is first started,
estimate the SOC based on the SOC-OCV property, and
estimate a predetermined value set in advance as the SOC when the voltage detected by the voltage sensor is in the flat voltage area; and
the predetermined value is set to a value within a range of the SOC in the flat voltage area.”
In claim 1, the recitation: “estimate a predetermined value set in advance as the SOC when the voltage detected by the voltage sensor is in the flat voltage area; and the predetermined value is set to a value within a range of the SOC in the flat voltage area.” is unclear, making the scope of the claim indefinite.
- First, it’s not clear how a value can be both estimated and predetermined at the same time. As an analogy, it one estimates the weight of an object, the estimated value is an approximation, the weight remains unknown and undetermined until measured. In other words, an estimation is an approximation and not determined. A predetermined value is one that has been determined through measurement. It appears that the claim was meant to describe that the State of Charge (SOC) is estimated to be equal to a value, wherein the value is predetermined ahead of the time the control device is first started, and that said estimation takes place when the open circuit voltage (OCV) detected by the voltage sensor lies in the flat voltage area.
- Second, the recitation: “estimate the SOC based on the SOC-OCV property” describes the state of charge is estimated based on the SOC-OCV property. The claim further recites: “estimate a predetermined value set in advance as the SOC when the voltage detected by the voltage sensor is in the flat voltage area;” It’s not clear if the latter recitation refers to an estimation that happens in addition to the estimation based on the SOC-OCV, an estimation that takes place only when the voltage detected is in the flat voltage area, or an estimation that takes place instead of the estimation based on the SOC-OCV when the voltage detected is in the flat voltage area. Moreover, the term “in advance” is confusing. It’s not clear if it refers to an action taken before the control device is first started, or if it refers to an action taken ahead of the estimation of SOC based on SOC-OCV property.
The Specification, paragraph 0005 adds to the confusion as it appears to contradict itself: “In a battery with an SOC-OCV property having a flat voltage area, however, the estimated SOC greatly fluctuates due to fluctuations in the detected voltage if the voltage of the battery is in the flat voltage area..” If the battery’s OCV is in the flat voltage area, then why does the detected voltage fluctuate? The flat voltage area is explained as a region along the SOC-OCV curve where voltage doesn’t fluctuate.
- Third, the claim further recites: “the predetermined value is set to a value within a range of the SOC in the flat voltage area.” When considered together with the previous clause, the recitation describes that the SOC is set to an estimated predetermined value, and that said value is set to another value that lies within a range of the SOC in the flat voltage range.” However, because the previous clause recites “estimate a predetermined value in advance as the SOC”, it’s not clear if this recitation refers to a step that is part of the process that takes place in advance (before the current estimation) or if it refers to an additional process that is separate from the estimation in the previous clause. Again, the recitation “in advance” makes the scope unclear as it’s not clear if the functions are performed in the process of SOC estimation of the battery or in a separate process of defining a value to be used for the process of SOC estimation.
Accordingly, for the purpose of examination, and based on a review of the Specification, the examiner interprets claim 1 as follows:
1. A battery system comprising:
a battery;
a voltage sensor that detects a voltage of the battery; and
a control device that estimates a state of charge (SOC) of the battery, wherein:
an SOC-open circuit voltage (OCV) property of the battery has a flat voltage area in which variations in the OCV with respect to the SOC are small;
the control device is configured to, when the control device is first started,
select a value among a range of state of charge (SOC) values in the flat voltage area and set it as a predetermined value,
estimate the SOC based on the SOC-OCV property, wherein
when the voltage detected by the voltage sensor is in the flat voltage area, the control device estimates the state of charge (SOC) to be equal to the predetermined value.
Claims 2-5 are also rejected as they inherit the deficiencies noted above.
Correction is required.
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.
(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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the US Patent US 8,887,872 by Chen et al. et al., (Chen hereafter).
Regarding claim 1, Chen teaches in Figure 1, battery system comprising:
a battery (energy storage unit within EES system 32, see col. 5, lines 44-48);
a voltage sensor that detects a voltage of the battery (not shown means for measuring VOC of the battery, see col. 11, line 5); and
a control device (means for estimating SOC, see col. 11, line 7) that estimates a state of charge (SOC) of the battery, wherein:
an SOC-open circuit voltage (OCV) property of the battery has a flat voltage area in which variations in the OCV with respect to the SOC are small (as illustrated in Figure 2, and explained in col. 7, lines 31-42, the battery exhibits a flat voltage area between 0.2 SOC and 0.6 SOC of curve 100C),
the control device is configured to, when the control device is first started (inherently, the control device performs any of its functions after it turns-on and starts operating),
select a value among a range of the state of charge (SOC) values in the flat voltage area and set it as a predetermined value (In creating a VOC-SOC profile or “boundary loop”, the battery is charged/discharge while taking periodic measurements of VOC. The profile includes several values of measured VOC that correspond to SOC levels; see col 7, lines 31-42. The examiner interprets the recording of any of the values that inherently takes place when creating the profile, to the recited “select a value among a range of state of charge values in the flat voltage area as a predetermined value) and,
estimate the SOC based on the SOC-OCV property (the SOC is estimated based on the SOC-OCV property represented by the VOC-SOC profile or “boundary loop” – see col. 7, lines 40-42), wherein
when the voltage detected by the voltage sensor is in the flat voltage area, the control device estimates the state of charge (SOC) to be equal to the predetermined value (as Chen describes, estimation of SOC relies on the “boundary loop” profile. That is, it estimates SOC as a function of measured VOC and its corresponding value of OCV in the profile, see for example, col. 11, lines 6-7).
** The examiner notes that, because of the issues identified in the rejection of claims 1-5 under 35 USC 112(b) above, the claim language above is the examiner’s best interpretation of the claim in view of the Specification.
As to claim 2, Chen teaches the battery system according to claim 1, wherein the predetermined value is an intermediate value of the SOC in the flat voltage area (for example, the value of VOC at 0.4 SOC of the 100C curve in the flat voltage region, as shown in Figure 2).
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.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of the US Patent US 10,627,452 by Kim et al., (Kim hereafter).
As to claims 3 and 4, Chen teaches the battery system according to claim 1, wherein:
the battery is an assembled battery in which a plurality of unit cells is connected in series (see col. 5, lines 44-46. Also, col. 7, lines 31-34, discussing 6 single cells with a nominal voltage of 1.2v per cell. Because Fig. 2 shows the OCV being above 1.2v which cannot be accomplished with the cells connected in parallel, Chen inherently teaches the cells are connected in series).
Chen however, is silent about the estimation of SOC being performed in each of the unit cells, and adopting a representative SOC from estimated SOCs of the unit cells as the SOC of the battery; determining the representative SOC based on voltage of the unit cells in an area in which a largest number of voltages of the unit cells are present.
Kim teaches a SOC determination involving selecting a cell within a group of cells in a battery pack, determine the selected cell’s SOC and use it as the SOC representative of each cell in the group (see col. 1, lines 50-58 and col. 2, lines 18-23). The process of selecting the representative cell is based on similarity of sensing data among the cells (col. 1, lines 50-57). The sensing data of each cell include a voltage of each cell (col. 2, lines 1-3). It would have been obvious to a person having ordinary skill in the art before the invention was effectively filed, to apply the teaching of selecting a representative cell within a group of cells in order to provide a representative value of SOC of group of cells, as taught by Kim, and select a representative cell in the battery pack of Chen, in order to monitor and account for potentially malfunctioning cells within the battery pack whose sensing data (voltage) differs from that of the other cells in the battery pack and which may affect a proper estimation of SOC of the battery pack as a whole.
As to claim 5, Chen teaches the battery system is mounted on a vehicle (elevator system; elevator defined as “a means for carrying or transporting something”). Furthermore, although Chen doesn’t explicitly mention the control device includes a non-volatile memory, Chen teaches the process of creating the VOC-SOC profile or “boundary loop” (col. 7, lines 31-43) includes the step of recording values of VOC. The use of non-volatile memory for the purpose of storing data for later retrieval is well known in the art. Official Notice is taken to the fact a person having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to use a non-volatile memory as the means for storing the recorded values of VOC, in order to have them available, even after a temporary power shutdown of the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- The US Patent US 11,567,137 by Kim, directed to battery management systems that estimate OCV using values of sensed current, voltage and temperature.
- The US Patent US 6,366,054 by Hoenig et al., directed to methods for determining SOC of batteries by measuring OCV.
- The US Patent Application Publication PGPub 2013/0020997 by Iwasawa et al., directed to battery management systems that use individually determined SOC values to balance cells within a battery pack.
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/RICHARD ISLA/ Primary Patent Examiner, Art Unit 2858 February 19, 2026