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 .
In response to amendment filed 05/12/2026, claims 1, 9, 16, and 20 have been amended. Claims 4-5, 12-13 have been canceled. No claims are new.
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.
Claims 1-2, 6-7, 9-10, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Leonard et al. (US 2014/0365065 A1) in view of Gilbert-Eyres; Matthew E. et al. (US 20230398872 A1)
In regards to claim 1, Leonard teaches, An apparatus for managing a situation of an electric vehicle battery, the apparatus comprising: (See paragraph 1, The invention relates to battery management systems of electric vehicles. More particularly, the invention relates to a protected system for controlling power transactions with a battery management system of an electric vehicle, allowing especially monitoring the integrity of the energy system of the electric vehicle and detecting a situation of energy theft.)
a battery management module configured to monitor a state of the battery mounted in a vehicle; (See Fig. 1, measurement unit 56, sensors 34, paragraph 31, The measurement unit 56 of the battery management system 8 may measure raw values of voltage, current, induction, impedance and temperature of the battery 6. Also see paragraph 25, An integrity monitoring module 36 is connected to the integrity sensors 34 and produces information indicative of the states of the sensors 34.)
a communication module configured to transmit or receive information about the situation of the battery to or from a surrounding; (See fig. 1, communication module 48 and paragraph 28, The protected system also has a communication module 48 having a mode of transmission of a warning in case of an imbalance in the energy balance and in case of an integrity breach revealed by the data stored in the memory 42 of the processing module 40. The communication module 48 may also be used as an interface between the bus 12 and a bus 50 connecting the battery management system 8 with the modules 36, 38, 40, the battery 6 and other components like the sensors 34, the identification chip 30 and relays 52 for control and protection of the battery 6.)
a warning module configured to warn of the situation of the battery; and (See fig. 1, dashboard 14, paragraph 36, The energy imbalance or breach in integrity warnings may trigger a sound signal or a "battery service" type of signal displayed on the dashboard 14 of the vehicle 14…)
a processor operatively coupled to the battery management module, the communication module, and the warning module, (See fig. 1, processor 60, processing module 40, calculation/computing unit 44, measurement unit 56, communication module 48, monitoring module 36, dashboard 14 are all coupled via bus)
wherein the processor is configured to determine the situation based on state information of the battery received from the battery management module, and output the information about the situation through at least one of the warning module or the communication module. (See paragraph 34, The calculation unit 44 performs a computation of the input and output energy balance. At each filling up e.g. reported by the vehicle management unit 10 to the battery management system 8, the computation unit 44 determines the energy balance by a relative calibration of the current, voltage and time measurements (Volt.Ampere.Hour) according to a reading obtained by the battery management system 8, and determines an imbalance state in the energy balance when a difference between the power input and power output values exceeds an predefined acceptable threshold. Also see fig. 1, dashboard 14, paragraph 36, The energy imbalance or breach in integrity warnings may trigger a sound signal or a "battery service" type of signal displayed on the dashboard 14 of the vehicle 14…)
Leonard does not specifically teach, wherein the processor is configured to: classify the situation of the battery according to a level; and determine a severity level, and wherein the processor is configured to transmit the severity level and location information of the vehicle through the communication module.
However, Gilbert-Eyres teaches, wherein the processor is configured to: classify the situation of the battery according to a level; and (See paragraph 5, The individual cells of a battery pack may generate a significant amount of heat during the pack's charge and discharge cycles. This cell-borne heat is primarily caused by exothermic chemical reactions and losses due to activation energy, chemical transport, and resistance to ionic migration. Within lithium-class batteries, a series of exothermic and gas-generating reactions may take place as cell temperatures rise and the battery assembly is pushed towards an unstable state. Such thermal events, if left unchecked, may lead to a more accelerated heat-generating state called “thermal runaway,” a condition in which the battery system is incapable of returning the internal battery components to a normal operating temperature…paragraph 34, Using this sensor data, the CPU 36 derives a fault type and a fault location of the detected system fault, and concomitantly ascertains if the fault location is in at least one of the battery cells 74. If so, the CPU 36 determines whether or not the fault type is indicative of any one of multiple predefined battery thermal events. This thermal event may be a thermal runaway event in which one or more of the battery cells has entered into an uncontrolled heat-generating cycle that causes an unstable self-heating state within the cell(s). A measured temperature spike within the cells 74 of the battery pack 70, in which an in-pack ATM cooling system is unable to control, may be indicative of a thermal runaway event. It is within the scope of this disclosure that a disclosed “thermal event” include a thermal runaway event and other temperature-based events within a battery system (e.g., cooling resistance faults and internal thermal resistance faults). Also, refer to other paragraphs for detection of thermal event based on certain fault type (e.g. claimed level))
determine a severity level. (See paragraphs 43-45, low-high severity level determined)
wherein the processor is configured to transmit the severity level and location information of the vehicle through the communication module. (See Gilbert paragraph 15, transmitting an alert to first responders with vehicle location, event type, and event severity information…paragraph 7, This estimated situational severity level may be transmitted to first responders and/or other interested parties.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the apparatus of Leonard to further comprise apparatus taught by Gilbert because safety of driver as well as its surroundings can be greatly improved via detection of severity level.
In regards to claim 2, Leonard-Gilbert-Eyres teaches the apparatus of claim 1, wherein the state of the battery includes at least one of a temperature, a voltage, or a charging state of the battery. (See paragraph 7, the BMS performs temperature, current and voltage measurements…paragraph 31, The measurement unit 56 of the battery management system 8 may measure raw values of voltage, current, induction, impedance and temperature of the battery 6)
In regards to claim 6, Leonard-Gilbert-Eyres teaches the apparatus of claim 1, wherein the processor is configured to: encrypt the information with an authentication key of the vehicle and transmit the information through the communication module; and verify validity of a received signal. (See paragraph 28, The communication module 48 also allows communicating with a remote computer 24 with access control that can be used to receive public data and private data, encrypted or not…paragraph 34, An encrypted balance may be communicated to an external computer 24 or processor via the communication module 48… When a device is authenticated by means of the device identification module 38, an authentication information is dated and recorded in the transaction table. The communication module 48 may have a mode of clear transmission and a mode of encrypted transmission of the data stored in the memory 42 of the processing module 40 or in another source as the memory 62 of the battery management system 8, depending on whether the data have a public or private attribute based on conditions predefined by the authorities or those responsible for the system. For enhanced security, the attribute of all the data collected by the processing module 40, as the energy balance, should be private so that those data are transmitted in encrypted form…paragraph 35, The memory 62 of the battery management system 8 may be used to store history data indicative of a usage profile of the vehicle 2 and the battery 6…paragraph 33, The monitoring module 36 may be configured to validate a match of the identifiers with the data formerly stored in the memory 42 of the processing module 40 and record an event code in case of a change or difference detected in the combination of the group formed of the battery management system 8, the box 4 and the battery 6 (and the other devices if desired) when one or several identifiers do not match with the expected identifiers, in order to report a possible integrity breach. The validation may be performed when switching on the battery management system 8 and on other occasions if desired… The file access is preferably read and write protected. )
In regards to claim 7, Leonard-Gilbert-Eyres teaches the apparatus of claim 6, wherein the processor encrypts the information based on a public key and a private key. (See paragraph 28, The communication module 48 also allows communicating with a remote computer 24 with access control that can be used to receive public data and private data, encrypted or not…paragraph 34, An encrypted balance may be communicated to an external computer 24 or processor via the communication module 48… When a device is authenticated by means of the device identification module 38, an authentication information is dated and recorded in the transaction table. The communication module 48 may have a mode of clear transmission and a mode of encrypted transmission of the data stored in the memory 42 of the processing module 40 or in another source as the memory 62 of the battery management system 8, depending on whether the data have a public or private attribute based on conditions predefined by the authorities or those responsible for the system. For enhanced security, the attribute of all the data collected by the processing module 40, as the energy balance, should be private so that those data are transmitted in encrypted form…paragraph 35, The memory 62 of the battery management system 8 may be used to store history data indicative of a usage profile of the vehicle 2 and the battery 6…paragraph 33, The monitoring module 36 may be configured to validate a match of the identifiers with the data formerly stored in the memory 42 of the processing module 40 and record an event code in case of a change or difference detected in the combination of the group formed of the battery management system 8, the box 4 and the battery 6 (and the other devices if desired) when one or several identifiers do not match with the expected identifiers, in order to report a possible integrity breach. The validation may be performed when switching on the battery management system 8 and on other occasions if desired… The file access is preferably read and write protected. )
In regards to claim 9, Leonard teaches, A method of managing a situation of an electric vehicle battery, the method comprising: (See paragraph 1, The invention relates to battery management systems of electric vehicles. More particularly, the invention relates to a protected system for controlling power transactions with a battery management system of an electric vehicle, allowing especially monitoring the integrity of the energy system of the electric vehicle and detecting a situation of energy theft.)
receiving, by a processor, state information of the battery mounted in a vehicle from a battery management module; determining, by the processor, the situation based on the state information of the battery; and outputting, by the processor, information about the situation through at least one of a warning module or a communication module based on determining the situation. (See paragraph 34, The calculation unit 44 performs a computation of the input and output energy balance. At each filling up e.g. reported by the vehicle management unit 10 to the battery management system 8, the computation unit 44 determines the energy balance by a relative calibration of the current, voltage and time measurements (Volt.Ampere.Hour) according to a reading obtained by the battery management system 8, and determines an imbalance state in the energy balance when a difference between the power input and power output values exceeds an predefined acceptable threshold. Also see fig. 1, dashboard 14, paragraph 36, The energy imbalance or breach in integrity warnings may trigger a sound signal or a "battery service" type of signal displayed on the dashboard 14 of the vehicle 14…)
Leonard does not specifically teach, wherein the determining of the situation includes: classifying, by the processor, the situation of the battery according to a level; and determine a severity level, and wherein the outputting of the information about the situation includes transmitting, by the processor, the severity level and location information of the vehicle through the communication module.
However, Gilbert-Eyres teaches, wherein the determining of the situation includes: classifying, by the processor, the situation of the battery according to a level; (See paragraph 5, The individual cells of a battery pack may generate a significant amount of heat during the pack's charge and discharge cycles. This cell-borne heat is primarily caused by exothermic chemical reactions and losses due to activation energy, chemical transport, and resistance to ionic migration. Within lithium-class batteries, a series of exothermic and gas-generating reactions may take place as cell temperatures rise and the battery assembly is pushed towards an unstable state. Such thermal events, if left unchecked, may lead to a more accelerated heat-generating state called “thermal runaway,” a condition in which the battery system is incapable of returning the internal battery components to a normal operating temperature…paragraph 34, Using this sensor data, the CPU 36 derives a fault type and a fault location of the detected system fault, and concomitantly ascertains if the fault location is in at least one of the battery cells 74. If so, the CPU 36 determines whether or not the fault type is indicative of any one of multiple predefined battery thermal events. This thermal event may be a thermal runaway event in which one or more of the battery cells has entered into an uncontrolled heat-generating cycle that causes an unstable self-heating state within the cell(s). A measured temperature spike within the cells 74 of the battery pack 70, in which an in-pack ATM cooling system is unable to control, may be indicative of a thermal runaway event. It is within the scope of this disclosure that a disclosed “thermal event” include a thermal runaway event and other temperature-based events within a battery system (e.g., cooling resistance faults and internal thermal resistance faults). Also, refer to other paragraphs for detection of thermal event based on certain fault type (e.g. claimed level))
determine a severity level. (See paragraphs 43-45, low-high severity level determined)
wherein the outputting of the information about the situation includes transmitting, by the processor, the severity level and location information of the vehicle through the communication module. (See Gilbert paragraph 15, transmitting an alert to first responders with vehicle location, event type, and event severity information…paragraph 7, This estimated situational severity level may be transmitted to first responders and/or other interested parties.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the method of Leonard to further comprise method taught by Gilbert because safety of driver as well as its surroundings can be greatly improved via detection of severity level.
Claim 10 is similar in scope to claim 2, therefore, it is rejected under similar rationale as set forth above.
Claim 14 is similar in scope to claim 6, therefore, it is rejected under similar rationale as set forth above.
Claim 15 is similar in scope to claim 7, therefore, it is rejected under similar rationale as set forth above.
In regards to claim 16, Leonard teaches, A method of managing a situation of an electric vehicle battery, the method comprising: (See paragraph 1, The invention relates to battery management systems of electric vehicles. More particularly, the invention relates to a protected system for controlling power transactions with a battery management system of an electric vehicle, allowing especially monitoring the integrity of the energy system of the electric vehicle and detecting a situation of energy theft.)
receiving, by a processor, information about the situation of the battery from a communication module; and outputting, by the processor, the information about the situation through a warning module in response to the receiving of the information about the situation of the battery. (See paragraph 34, The calculation unit 44 performs a computation of the input and output energy balance. At each filling up e.g. reported by the vehicle management unit 10 to the battery management system 8, the computation unit 44 determines the energy balance by a relative calibration of the current, voltage and time measurements (Volt.Ampere.Hour) according to a reading obtained by the battery management system 8, and determines an imbalance state in the energy balance when a difference between the power input and power output values exceeds an predefined acceptable threshold. Also see fig. 1, dashboard 14, paragraph 36, The energy imbalance or breach in integrity warnings may trigger a sound signal or a "battery service" type of signal displayed on the dashboard 14 of the vehicle 14…)
Leonard does not specifically teach, wherein the processor is configured to classify the situation of the battery according to a level, and determine a severity level, and wherein the outputting of the information about the situation includes transmitting, by the processor, the severity level and location information of the vehicle through the communication module.
However, Gilbert-Eyres teaches, wherein the processor is configured to classify the situation of the battery according to a level, (See paragraph 5, The individual cells of a battery pack may generate a significant amount of heat during the pack's charge and discharge cycles. This cell-borne heat is primarily caused by exothermic chemical reactions and losses due to activation energy, chemical transport, and resistance to ionic migration. Within lithium-class batteries, a series of exothermic and gas-generating reactions may take place as cell temperatures rise and the battery assembly is pushed towards an unstable state. Such thermal events, if left unchecked, may lead to a more accelerated heat-generating state called “thermal runaway,” a condition in which the battery system is incapable of returning the internal battery components to a normal operating temperature…paragraph 34, Using this sensor data, the CPU 36 derives a fault type and a fault location of the detected system fault, and concomitantly ascertains if the fault location is in at least one of the battery cells 74. If so, the CPU 36 determines whether or not the fault type is indicative of any one of multiple predefined battery thermal events. This thermal event may be a thermal runaway event in which one or more of the battery cells has entered into an uncontrolled heat-generating cycle that causes an unstable self-heating state within the cell(s). A measured temperature spike within the cells 74 of the battery pack 70, in which an in-pack ATM cooling system is unable to control, may be indicative of a thermal runaway event. It is within the scope of this disclosure that a disclosed “thermal event” include a thermal runaway event and other temperature-based events within a battery system (e.g., cooling resistance faults and internal thermal resistance faults). Also, refer to other paragraphs for detection of thermal event based on certain fault type (e.g. claimed level))
determine a severity level. (See paragraphs 43-45, low-high severity level determined)
wherein the outputting of the information about the situation includes transmitting, by the processor, the severity level and location information of the vehicle through the communication module. (See Gilbert paragraph 15, transmitting an alert to first responders with vehicle location, event type, and event severity information…paragraph 7, This estimated situational severity level may be transmitted to first responders and/or other interested parties.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the method of Leonard to further comprise method taught by Gilbert because safety of driver as well as its surroundings can be greatly improved via detection of severity level.
Claims 3, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Leonard et al. (US 2014/0365065 A1) in view of Gilbert-Eyres; Matthew E. et al. (US 20230398872 A1), and further in view of Baik et al. (US 20240336159 A1)
In regards to claim 3, Leonard-Gilbert-Eyres teaches the apparatus of claim 1, wherein the communication module is configured to perform wireless transmission and reception (See fig. 1, communication module 48 and associated paragraphs)
Leonard- Gilbert-Eyres does not specifically teach, …with the surrounding using a 900 MHz industrial scientific medical (ISM) band.
Baik further teaches, …with the surrounding using a 900 MHz industrial scientific medical (ISM) band. (See paragraph 70, 139, battery management system (BMS) having communication module (i.e. antenna unit 2300) capable of receiving and transmitting radio waves in a 900 mhz band)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the apparatus of Leonard- Gilbert-Eyres to further comprise ISM band taught by Baik because the wireless communication system of the present invention may use several tens of 200 kHz narrow band channels due to good frequency efficiency, and thus may implement one-to-many communication such as communication of the master BMS 20000-the direct BMS 10000 in a small bandwidth (paragraph 139). Also, usage of 900 Mhz ISM band can provide improved propagation range than 2.4 Ghz or 5Ghz signals.
Claim 11 is similar in scope to claim 3, therefore, it is rejected under similar rationale as set forth above.
Claim 17 is similar in scope to claim 3, therefore, it is rejected under similar rationale as set forth above.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Leonard et al. (US 2014/0365065 A1) in view of Gilbert-Eyres; Matthew E. et al. (US 20230398872 A1), and further in view of Shin (US 20240091575 A1)
In regards to claim 8, Leonard- Gilbert-Eyres teaches the apparatus of claim 1.
Leonard- Gilbert-Eyres does not specifically teach, further comprising an autonomous driving module configured to autonomously drive the vehicle, wherein, based on the processor receiving a second information about a second situation of a second battery from a second vehicle through the communication module, the processor is configured to drive the autonomous driving module to move the vehicle to a location outside a set range.
Shin further teaches, further comprising an autonomous driving module configured to autonomously drive the vehicle, wherein, based on the processor receiving a second information about a second situation of a second battery from a second vehicle through the communication module, the processor is configured to drive the autonomous driving module to move the vehicle to a location outside a set range. (See fig. 10, step S11-S19, S30, paragraphs 174, 176, 180-182, the controller 160 checks whether the concentration (Z1) of the specific component in the gas is equal to or greater than the set concentration (e.g., 20 ppm) from the signal of the gas sensor 140 (S15)… the controller 160 finally determines that a fire has occurred in the battery pack 1 (which is the ‘n-th battery pack’ in FIG. 10) in which the fire has been detected by the auxiliary fire sensor 150 (S16)… The controller 160 activates the warning apparatus 200 to warn the driver and passengers of the occurrence of a fire… if there is a person within the set distance in step S19, the controller 160 checks the navigation information provided from the navigation apparatus. The controller 160 then performs cooperative control together with the autonomous driving controller of the vehicle for autonomous driving by moving the vehicle to the nearest place where there are no people and there is no risk of the fire spreading (S21).
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the apparatus of Leonard- Gilbert-Eyres to further comprise apparatus taught by Shin because safety of its surroundings can be greatly improved by autonomous driving to a safe location when vehicle is in dangerous condition.
Claim 20 is similar in scope to claim 8, therefore, it is rejected under similar rationale as set forth above.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Leonard et al. (US 2014/0365065 A1) in view of Gilbert-Eyres; Matthew E. et al. (US 20230398872 A1), and further in view of LIU, Yong-hao et al. (CN 115225699 A)
In regards to claim 18, Leonard- Gilbert-Eyres teaches the method of claim 16, wherein the receiving of the information about the situation of the battery further includes (See rejection of claim 1)
Leonard- Gilbert-Eyres discloses information about the situation of the battery as set forth above however does not specifically teach, verifying, by the processor, validity of the information by decrypting a signal received through the communication module.
Liu further teaches, verifying, by the processor, validity of the information by decrypting a signal received through the communication module. (See page 14, S1213: verifying the validity of the decrypted file according to the public key and the encrypted signature ciphertext so as to determine whether the decrypted file passes the validity verification. after the obtain file, verifying the validity of the decrypted file according to the public key and the encrypted signature ciphertext, to determine whether the decrypted file passes the validity verification.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the method of Leonard- Gilbert-Eyres to further comprise method taught by Liu because data security can be improved (page 15)
In regards to claim 19, Leonard-Gilbert-Eyres -Liu teaches the method of claim 18, wherein the verifying of the validity includes decrypting, by the processor, the signal based on a public key. (See Liu page 14, S1213: verifying the validity of the decrypted file according to the public key and the encrypted signature ciphertext so as to determine whether the decrypted file passes the validity verification. after the obtain file, verifying the validity of the decrypted file according to the public key and the encrypted signature ciphertext, to determine whether the decrypted file passes the validity verification.)
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive.
With regards to subject matter recited in previous claims 4-5 and 12-13 (now incorporated into independent claims), applicant argues that Leonard in view of Gilbert-Eyres fail or suggest to disclose this subject matter.
Examiner respectfully disagrees.
With regards to limitation, “classify the situation of the battery according to a level…determine a severity level…and transmit the severity level and location information of the vehicle through the communication module…”, Examiner relies on paragraphs 5, 7, 15, 34, and 43-45 of Gilbert-Eyres to disclose these limitations. In applicant’s response filed 05/12/2026, rather than providing argument with regards to these cited paragraphs and Examiner’s mapping, applicant instead cites to irrelevant paragraph and claim of Gilbert-Eyres and argues that prior art does not teach the claimed feature. Therefore, applicant’s argument is found unpersuasive, and Examiner respectfully requests applicant to provide clear explanation on how cited portion of Gilbert-Eyres fail to disclose the claimed limitations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN S LEE whose telephone number is (571)272-2674. The examiner can normally be reached Monday - Friday 8-5.
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/JUSTIN S LEE/Primary Examiner, Art Unit 3668
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