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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 8 is objected to because of the following informalities: in line 8, the term “PCB” needs to be defined as to what it stands for. 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: “transmission unit”, “communication unit”, “reception unit”, “control unit”, “ID allocation unit”, “operation control unit”, “cell balancing unit”, and “Received Signal Strength Indication (RSSI) level detection unit”.
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.
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 1-13 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, it is unclear as to what part of the recited system the “at least one fan” in line 5 corresponds to, rendering the scope of the claim indefinite. Is the fan part of a slave BMS, a master BMS, or is it part of a larger entity housing multiple BMSs?
Additionally, the claim recites “an association signal based on a result of operating in response to the operation command signal and the temperature measurement command signal” in lines 7-9. While it is clear that the association signal is received from at least one slave BMS, the claim language is unclear as to which device or component is performing the operating in response to the operation command signal and the temperature measurement command signal. Is it the (master) BMS recited in line 1 of the claim or is it a slave BMS that is performing the operating?
Furthermore, claim limitations “transmission unit”, “communication unit”, “reception unit”, and “control unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. To be more specific, for example, Paragraphs [0018] and [0048] of applicant’s specification, filed 07/29/2024 only disclose that the communication unit is wired, and that a slave BMS has a PCB board (circuitry). However, nowhere in applicant’s specification is it disclosed that each battery management system or components thereof (the recited “transmission unit”, “communication unit”, “reception unit”, and “control unit”) may be implemented in hardware (such as the PCB board disclosed in applicant’s specification, microprocessor, or other circuitry), firmware, or software executable by a processor. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claims 2-7, the claims are rejected for depending on claim 1 above.
Regarding claim 8, it is unclear as to what part of the recited system the “PCB substrate” recited in line 8 corresponds to, rendering the scope of the claim indefinite. Is the PCB substrate part of a slave BMS, a master BMS, or is it part of a larger entity housing multiple BMSs?
Additionally, it is unclear as to what purpose the “association signal” recited in line 10 serves. To be more specific, the association signal only serves to be received by the master BMS, with no additional method step(s) involving the association signal being recited. Is the association signal the same as the association signal used to manage a communication channel as recited in claim 1?
Also, it is unclear as to what the “first temperature” and “second temperature” recited in line 11 are referring to, as no corresponding first measurement and second measurement were recited prior. To be more specific, lines 7-8 only recite “sequentially measure a temperature of a PCB substrate a plurality of times…” without explicitly reciting a first temperature measurement and a second temperature measurement.
Furthermore, claim limitations “reception unit”, “operation unit”, “temperature measurement unit”, and “transmission unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. To be more specific, for example, Paragraphs [0018] and [0048] of applicant’s specification, filed 07/29/2024 only disclose that the communication unit is wired, and that a slave BMS has a PCB board (circuitry). However, nowhere in applicant’s specification is it disclosed that each battery management system or components thereof (the recited “reception unit”, “operation unit”, “temperature measurement unit”, and “transmission unit”) may be implemented in hardware (such as the PCB board disclosed in applicant’s specification, microprocessor, or other circuitry), firmware, or software executable by a processor. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claims 9-13, the claims are rejected for depending on claim 8 above.
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Applicant’s independent claims recite receiving an association signal based on a result of operating in response to the operation command signal and the temperature measurement command signal from at least one slave BMS among the plurality of slave BMSs; sequentially measuring a temperature of a PCB substrate a plurality of times based on the temperature measurement command signal of the at least two times (received from a master BMS), and transmitting an association signal to the master BMS when a difference between a first temperature and a second temperature is greater than a preset value (as disclosed in Paragraphs [0041]-[0046] and [0071]-[0076] of applicant’s specification, filed 07/29/2024), which is neither taught nor suggested by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cho (US 12,640,413 B2) discloses obtaining the temperature of a master board in which a master battery management system.
Pizzurro et al. (US 2014/0141290 A1) discloses a master BMS receiving temperature measurements from battery modules, and activating heating/cooling systems to maintain temperature within threshold values.
Lim (US 2014/0152100 A1) discloses a slave BMS measuring the temperature of each cell included in a battery pack for calculating state of charge and state of health of each cell.
Kim et al. (US 2017/0365893 A1) discloses generating temperature information of each battery module of a slave BMS for use in adjusting the rotation speed of cooling fans.
Morton et al. (US 2023/0261331 A1) discloses battery management system and autonomous operation of battery module such as network connect/disconnect and solid state switching capability.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 pm.
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/BAILOR C HSU/Primary Examiner, Art Unit 2461
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