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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 5-10, 12 and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Further, in light of the rejections below, the Double Patenting rejection is also maintained.
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 22 and 24 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. These claims both state that third battery charges the first battery and that the first battery discharges the second battery. Further, it is stated that “the first battery and the second battery are charged simultaneously.” It is unclear how the second battery can be discharged by the first battery while the first and second battery are being charged by the third battery. For examining purposes, this will be examined as the third battery being able to charge the first and second battery.
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.
Claims 1, 3, 5-10, 12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0263144 by Xie et al. (Xie hereinafter) in view of US 2016/0226268 by Okui.
Regarding claim 1, Xie discloses a battery heating control method comprising: determining that a first battery [see at least Figure 10, (210)] in a battery heating system needs to be heated [see at least Figure 10, “Temperature sensor”; paragraph 0182], and comprising a plurality of batteries connected with each other [see at least Figure 10, (210) and (220)], the plurality of batteries comprising the first battery [see at least Figure 10, (210)]; and controlling the first battery [see at least Figure 10, “BMS”] to conduct charging and discharging to heat the first battery [see at least paragraph 0182], wherein the controlling the first battery to conduct charging and discharging further comprises; discharging the first battery [see at least Figure 10, (210)] to a second battery [see at least Figure 10, (220)] in the battery heating system [see at least paragraph 0182]; controlling the first battery and the second battery to conduct charging and discharging with each other to heat the first battery and the second battery in response to when the second battery needs to be heated [see at least paragraphs 0109-0111; the temperature of the batteries is monitored and it is determined if the batteries need to be heated; paragraph 0182].
Xie discloses a battery heating system being connected to a power grid or an energy generation system or both [see at least Figure 2, (20); paragraph 0114], controlling the power grid or the energy generation system or both to charge a battery [see at least Figure 2, (20); paragraphs 0112-0117] and determining if a battery needs to be heated [see at least paragraphs 0109-0111] and conditioning a battery prior to charging to avoid damage to the battery such as lithium plating [see paragraph 0003]. Xie fails to explicitly disclose connection to a power grid or an energy generation system and also multiple batteries and therefore fails to disclose to charge the first battery in response to when the second battery does not need to be heated. However, Okui discloses a battery charging system [see at least Figure 1] connected to utility power [see at least Figure 1, (11)] that determines when to charge multiple batteries [see at least Figure 1, (110)] based on a priority of various parameters such as state of charge and state of health [see at least Abstract; paragraph 0043] which can also factor battery temperature [see at least paragraphs 0015 and 0042].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to determine when a battery needs to be charged and utilize an external power supply for charging the first battery when to second battery does not need to be heated in order to increase the energy stored in the first battery utilizing a widely available energy source. Thus, storing energy for use in a vehicle to extend the driving rage and operating time of the vehicle while using available energy which does not deplete the batteries.
Regarding claim 3, Xie in view of Okui teaches the control method according to claim 1.
Xie discloses wherein the controlling the first battery to conduct charging and discharging comprises: controlling a dischargeable third battery to charge the first battery in response to when the third battery is present in the battery heating system and the second battery does not need to be heated [see at least Figure 12; paragraph 0185].
Regarding claim 8, Xie in view of Robert teaches the control method according to claim 7.
Xie discloses wherein the first battery is a traction battery or an energy storage battery, and the second battery is a traction battery or an energy storage battery [see at least paragraphs 0093-0094].
Regarding claim 10, Xie discloses a control device [see at least Figure 10, “BMS”] configured to perform the following operations: determining that a first battery [see at least Figure 10, (210)] in a battery heating system [see at least Figure 10] needs to be heated [see at least paragraph 0178], comprising a plurality of batteries connected with each other [see at least Figure 10, (210) and (220)]; and controlling the first battery [see at least Figure 10, “BMS”] to conduct charging and discharging to heat the first battery [see at least paragraph 0182], wherein the controlling the first battery to conduct charging and discharging to heat the first battery further comprises: discharging the first battery to a second battery [see at least Figure 10, (220)] in the battery heating system [see at least paragraph 0182], controlling the first battery and the second battery to conduct charging and discharging with each other to heat the first battery and the second battery in response to when the second battery needs to be heated [see at least paragraphs 0109-0111; the temperature of the batteries is monitored and it is determined if the batteries need to be heated; paragraph 0182].
Xie discloses a battery heating system being connected to a power grid or an energy generation system or both [see at least Figure 2, (20); paragraph 0114], controlling the power grid or the energy generation system or both to charge a battery [see at least Figure 2, (20); paragraphs 0112-0117] and determining if a battery needs to be heated [see at least paragraphs 0109-0111] and conditioning a battery prior to charging to avoid damage to the battery such as lithium plating [see paragraph 0003]. Xie fails to explicitly disclose connection to a power grid or an energy generation system and also multiple batteries and therefore fails to disclose to charge the first battery in response to when the second battery does not need to be heated. However, Okui discloses a battery charging system [see at least Figure 1] connected to utility power [see at least Figure 1, (11)] that determines when to charge multiple batteries [see at least Figure 1, (110)] based on a priority of various parameters such as state of charge and state of health [see at least Abstract; paragraph 0043] which can also factor battery temperature [see at least paragraphs 0015 and 0042].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to determine when a battery needs to be charged and utilize an external power supply for charging the first battery when to second battery does not need to be heated in order to increase the energy stored in the first battery utilizing a widely available energy source. Thus, storing energy for use in a vehicle to extend the driving rage and operating time of the vehicle while using available energy which does not deplete the batteries.
Regarding claim 12, Xie in view of Okui teaches the control device according to claim 10.
Xie discloses wherein the operations further comprise: controlling a third battery to charge the first battery in response to when the third battery is present in the battery heating system comprises the third battery and the second battery does not need to be heated [see at least Figure 12; paragraph 0185].
Regarding claim 17, Xie in view of Okui teaches the control device according to claim 16.
Xie discloses wherein the first battery is a traction battery or an energy storage battery, and the second battery is a traction battery or an energy storage battery [see at least paragraphs 0093-0094].
Regarding claim 19, Xie in view of Robert teaches a battery heating system, comprising the plurality of batteries connected with each other and the control device, according to claim 10.
Xie discloses wherein the control device and the plurality of batteries are communicatively coupled [see at least Figure 10; paragraph 0182].
Regarding claim 20, Xie discloses a non-transitory computer readable memory storing instructions that, when executed by a processor [see at least paragraph 0053], cause processor to perform the following operations: determining that a first battery [see at least Figure 10, (210)] in a battery heating system [see at least Figure 10] needs to be heated [see at least paragraph 0178], and comprising a plurality of batteries connected with each other [see at least Figure 10, (210) and (220)]; and controlling the first battery [see at least Figure 10, “BMS”] to conduct charging and discharging to heat the first battery [see at least paragraph 0182], wherein the controlling the first battery to conduct charging and discharging to heat the first battery further comprises: discharging the first battery to a second battery in the battery heating system in response to when the second battery needs to be heated [see at least paragraphs 0109-0111; the temperature of the batteries is monitored and it is determined if the batteries need to be heated; paragraph 0182].
Xie discloses a battery heating system being connected to a power grid or an energy generation system or both [see at least Figure 2, (20); paragraph 0114], controlling the power grid or the energy generation system or both to charge a battery [see at least Figure 2, (20); paragraphs 0112-0117] and determining if a battery needs to be heated [see at least paragraphs 0109-0111] and conditioning a battery prior to charging to avoid damage to the battery such as lithium plating [see paragraph 0003]. Xie fails to explicitly disclose connection to a power grid or an energy generation system and also multiple batteries and therefore fails to disclose to charge the first battery in response to when the second battery does not need to be heated. However, Okui discloses a battery charging system [see at least Figure 1] connected to utility power [see at least Figure 1, (11)] that determines when to charge multiple batteries [see at least Figure 1, (110)] based on a priority of various parameters such as state of charge and state of health [see at least Abstract; paragraph 0043] which can also factor battery temperature [see at least paragraphs 0015 and 0042].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to determine when a battery needs to be charged and utilize an external power supply for charging the first battery when to second battery does not need to be heated in order to increase the energy stored in the first battery utilizing a widely available energy source. Thus, storing energy for use in a vehicle to extend the driving rage and operating time of the vehicle while using available energy which does not deplete the batteries.
Claims 5-7, 9, 14-16, 18, 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0263144 by Xie et al. (Xie hereinafter) in view of US 2016/0226268 by Okui in further view of US 2020/0130535 by Robert.
Regarding claim 5, Xie in view of Okui teaches the control method according to claim 1.
Xie in view of Okui fails to teach wherein the controlling the power grid or the energy generation system or both to charge the first battery comprises: controlling the power grid or the energy generation system or both to charge the first battery in response to when the power grid is at a valley period electricity price or residual output energy is present in the energy generation system or both. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 6, Xie in view of Okui teaches the control method according to claim 1.
Xie in view of Okui fails to teach wherein the controlling the power grid or the energy generation system or both to charge the first battery comprises: controlling the power grid or the energy generation system or both to charge the first battery in response to one or more of the following conditions: a dischargeable third battery is present in the battery heating system, the power grid is at a valley period electricity price, or residual output energy is present in the energy generation system and the second battery does not need to be heated. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 7, Xie in view of Okui teaches the control method according to claim 1.
Xie discloses controlling a dischargeable third battery to charge the first battery [see at least Figure 12; paragraph 0185].
Xie in view of Okui fails to teach wherein the controlling the first battery to conduct charging and discharging comprises: in response to one or more of the following conditions: the third battery is present in the battery heating system, the power grid is at a peak-valley electricity price, or no residual output energy is present in the energy generation system and the second battery does not need to be heated. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 9, Xie in view of Okui teaches the control method according to claim 7.
Xie discloses and the third battery is an energy storage battery [see at least paragraphs 0093-0094; both battery types are present].
Xie in view of Okui fails to explicitly disclose wherein both the first battery and the second battery are traction batteries. However, Robert discloses this limitation [see at least Abstract; paragraph 0010].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize a traction battery in a vehicle in order to propel the vehicle. Thus, allowing the system to be driven as intended.
Regarding claim 14, Xie in view of Okui teaches the control device according to claim 10.
Xie in view of Okui fails to teach wherein the operations further comprise: controlling the power grid or the energy generation system or both to charge the first battery in response to when the power grid is at a valley period electricity price or residual output energy is present in the energy generation system or both. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 15, Xie in view of Okui teaches the control device according to claim 10.
Xie in view of Okui fails to teach wherein the operations further comprise: controlling the power grid or the energy generation system or both, to charge the first battery in response to when a dischargeable third battery is present in the battery heating system, the power grid is at a valley period electricity price or residual output energy is present in the energy generation system and the second battery does not need to be heated, or both. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 16, Xie in view of Okui teaches the control device according to claim 10.
Xie discloses controlling a dischargeable third battery to charge the first battery [see at least Figure 12; paragraph 0185].
Xie in view of Okui fails to teach wherein the battery heating system is connected to a power grid or an energy generation system or both, and the operations further comprise: in response to when the third battery is present in the battery heating system, the power grid is at a peak-valley period electricity price or no residual output energy is present in the energy generation system or both. However, Robert discloses utilizing grid energy during a low price period [see at least paragraph 0016].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize energy from the grid when prices are low in order to reduce operating costs of the system. Thus, saving money.
Regarding claim 18, Xie in view of Okui teaches the control device according to claim 16.
Xie discloses and the third battery is an energy storage battery [see at least paragraphs 0093-0094; both battery types are present].
Xie in view of Okui fails to explicitly disclose wherein both the first battery and the second battery are traction batteries. However, Robert discloses this limitation [see at least Abstract; paragraph 0010].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize a traction battery in a vehicle in order to propel the vehicle. Thus, allowing the system to be driven as intended.
Regarding claim 22, Xie in view of Okui in further view of Robert teaches the control method according to claim 7.
Xie discloses wherein the controlling the first battery to conduct charging and discharging to heat the first battery further comprises: controlling the third battery to charge the first battery and simultaneously controlling the first battery to discharge the second battery, in response to when the third battery is present in the battery heating system and the second battery does not need to be heated, such that the first battery and the second battery are charged simultaneously [see at least Figure 12; paragraph 0185].
Regarding claim 24, Xie in view of Okui in further view of Robert teaches the control device according to claim 16.
Xie discloses wherein the controlling the first battery to conduct charging and discharging to heat the first battery further comprises: controlling the third battery to charge the first battery and simultaneously controlling the first battery to discharge the second battery, in response to when the third battery is present in the battery heating system and the second battery does not need to be heated, such that the first battery and the second battery are charged simultaneously [see at least Figure 12; paragraph 0185].
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0263144 by Xie et al. (Xie hereinafter) in view of US 2016/0226268 by Okui in further view of US 2022/0203863 by Wu et al. (Wu hereinafter).
Regarding claim 21, Xie in view of Okui teaches the control method according to claim 1.
Xie and Okui disclose SOC and temperature of the battery, but Xie in view of Okui fails to explicitly teach further comprising: determining whether the second battery needs to be charged, wherein when a state of charge (SOC) of the second battery is less than or equal to a threshold SOC value and a temperature of the second battery is greater than or equal to a preset temperature, the second battery needs to be charged. However, Wu discloses this limitation [see at least paragraphs 0090-0091].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to use SOC and temperature as factors when determining when to charge a battery to ensure that the battery needs to be charged and can safely be charged given the battery temperature. Thus, increasing the longevity of the battery.
Regarding claim 23, Xie in view of Okui teaches the control device according to claim 10.
Xie and Okui disclose SOC and temperature of the battery, but Xie in view of Okui fails to explicitly teach wherein the operations further comprise: determining whether the second battery needs to be charged, wherein when a state of charge (SOC) of the second battery is less than or equal to a threshold SOC value and a temperature of the second battery is greater than or equal to a preset temperature, the second battery needs to be charged. However, Wu discloses this limitation [see at least paragraphs 0090-0091].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to use SOC and temperature as factors when determining when to charge a battery to ensure that the battery needs to be charged and can safely be charged given the battery temperature. Thus, increasing the longevity of the battery.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, 5-10, 12 and 14-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,315,905 in view of US 2022/0263144 by Xie et al. (Xie hereinafter) and US 2016/0226268 by Okui and US 2020/0130535 by Robert and US 2022/0203863 by Wu et al. (Wu hereinafter). Claim 1 of the Patent discloses multiple batteries communicatively connected with a control device which charges/discharges to heat the batteries. These limitations are more specific than the Current Application limitations. Further, as noted in the rejections above as well as the previous Office Action, Xie, Robert and Wu teach the additional features that are presenting in claims 3-9 and 12-18 of the Current Application.
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.
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/JOEL BARNETT/Examiner, Art Unit 2849
/DANIEL C PUENTES/Primary Examiner, Art Unit 2849