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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on December 6, 2024 and July 24, 2026 are being considered by the examiner.
Claim Interpretation
According to MPEP 2112.02: Process Claims, it is noted that “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device” (emphasis added). It is also noted in that same MPEP section that “The Federal Circuit upheld the Board’s finding that "Donley inherently performs the function disclosed in the method claims on appeal when that device is used in ‘normal and usual operation’" and found that a prima facie case of anticipation was made out” (emphasis added). Id. at 138, 801 F.2d at 1326. It was up to applicant to prove that Donley's structure would not perform the claimed method when placed in ambient light.).”
With regard to claims 13-20, these claims present a method according to the chip of claims 1-12. Therefore, the argument made against claims 1-12 also applies, mutatis mutandis, to claims 13-20. In addition, it is clearly seen that claims 1-12 are apparatus claims which present an apparatus inherently performing the function disclosed in the method claims 13-20, respectively.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. (CN 111580006 A).
Hou et al. teaches a battery dynamic impedance online measuring method and system comprising:
PNG
media_image1.png
206
926
media_image1.png
Greyscale
PNG
media_image2.png
512
542
media_image2.png
Greyscale
With regard to claims 1 and 13, a chip (FIG. 3 in view of FIG. 2, online measuring system) for testing an impedance of a battery module (FIG. 2, battery under test), the chip (FIG. 3 in view of FIG. 2, online measuring system) comprising: a) at least one current excitation port (FIG. 3 in view of in view of in view of FIG. 2, signal amplification power supply module and multi-tone excitation signal module) configured to control an excitation current applied to the battery module (FIG. 2, battery under test); b) at least one voltage sampling port (FIG. 3 in view of in view of in view of FIG. 2, voltage signal measurement module) configured to sample a response voltage generated on the battery module (FIG. 2, battery under test); c) a control module (FIG. 3 in view of in view of in view of FIG. 2, signal acquisition and calculation module or battery impedance measuring module) configured to perform Fourier transform on the excitation current and the response voltage to generate impedance information of the battery module (FIG. 2, battery under test); and d) wherein the excitation current is configured as a superposition signal of a plurality of sinusoidal signals with different frequencies (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
Hou et al. teaches all as discussed above including the excitation current is configured as a superposition signal of a plurality of sinusoidal signals with different frequencies, but it does not explicitly teach the following feature:
The excitation current is configured as a superposition signal of at least two square wave current signals with different frequencies
With regard to claims 1 and 13, it is well-known to one having ordinary skill in the art that using a square wave current signal to test a battery module’s impedance allows for much faster, real-time evaluation. It eliminates the need for expensive, specialized sweeping hardware by leveraging standard power electronics to superimpose multiple frequency responses simultaneously.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the battery dynamic impedance online measuring method and system of Hou et al. to utilize square wave current signal to test a battery module’s impedance since such an arrangement is beneficial to allow for broadband frequency acquisition from a single transient response via Fourier transformation. This drastically reduces test times and uses basic charge-discharge hardware instead of complex, expensive frequency-sweeping EIS instruments Square wave signals can be applied during actual operation or charging/discharging states without needing to disconnect or pause the battery module. A square wave contains multiple harmonic components. This allows you to extract a wide spectrum of impedance values from a single measurement cycle instead of scanning frequencies one by one.
With regard to claims 2 and 14, Hou et al., as modified in claims 1 and 13, teaches the control module (FIG. 3 in view of in view of in view of FIG. 2, signal acquisition and calculation module or battery impedance measuring module) is configured to receive user input information (multi-tone excitation signal as input) comprising at least two different frequencies (different excitation signals) to generate the at least two square wave current signals with different frequencies, and to superimpose the at least two square wave current signals with different frequencies to generate the excitation current, wherein frequencies of the at least two square wave current signals respectively correspond to the at least two different frequencies (different excitation signals) in the user input information (multi-tone excitation signal as input) (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 3 and 15, Hou et al. teaches a signal amplification power supply module and multi-tone excitation signal module (FIGS. 2 and 3), which inherently include a power switch and enable operating states of the power switch according to the excitation current, in order to control a current flowing through the battery module (FIG. 2, battery under test) to be equal to the excitation current (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10). In addition, it is noted that the feature upon which applicants rely (i.e., “a power switch coupled in parallel with the battery module or a power switch in a series structure coupled in parallel with the battery module”) is just a mere desirable choice of configurations of the power switch, which is well-known to one having ordinary skill in the art, for the purpose of a process or the intended use of a structure.
With regard to claims 4 and 16, Hou et al., as modified in claims 1 and 13, teaches a) an excitation voltage generation module (FIG. 3 in view of in view of in view of FIG. 2, signal amplification power supply module and multi-tone excitation signal module) configured to receive user input information (multi-tone excitation signal as input) comprising at least two different frequencies (different excitation signals) and generate the at least two square wave current signals with different frequencies to generate a digital excitation voltage signal (by a digital direct frequency synthesizer, a digital direct frequency synthesizer in a digital-controlled oscillator mode) representing the excitation current, wherein the digital excitation voltage signal is directly proportional to the excitation current; and b) a digital-to-analog conversion module (digital/analogue converter) configured to receive the digital excitation voltage signal to generate an analog excitation voltage signal and output the analog excitation voltage signal at the current excitation port (FIG. 3 in view of in view of in view of FIG. 2, signal amplification power supply module and multi-tone excitation signal module) (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 5 and 17, Hou et al., as modified in claims 1 and 13, teaches the battery module (FIG. 2, battery under test) is coupled in parallel with a first power switch (which is inherently included in the signal amplification power supply module as shown in FIG. 3) or a series structure comprising a first power switch and a current limiting resistor coupled in series (an alternative feature, which is not considered). It is clearly and inherently seen from FIG. 3 in view of FIG. 2 that a control terminal of the first power switch is coupled with the current excitation port (FIG. 3 in view of in view of in view of FIG. 2, signal amplification power supply module and multi-tone excitation signal module) to receive the analog excitation voltage signal (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 6 and 17, Hou et al., as modified in claims 1 and 13, inherently teaches the first power switch operates in a linear state (on/off to amplify the excitation signal), and a resistance value of the first power switch is controlled (signal amplification by signal amplifier) according to the analog excitation voltage signal to control a current flowing through the battery module (FIG. 2, battery under test) to be equal to the excitation current (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 7 and 18, it is noted that adding a second current excitation port and a second series structure having the same structure (“a resistor and a power switch coupled in series” and “coupled to the battery module in parallel”; and “a current excitation port is coupled to a control terminal of a power switch”) to perform the same functions as those of the first current excitation port and the first series structure is merely a matter of duplication of parts. However, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): please see MPEP 2144.04 VI. B. Duplication of Parts for more details). It is obvious to select a different resistance as a desirable and alternative configuration for the first resistor in each series structure. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the battery dynamic impedance online measuring method and system of Hou et al. to add a second current excitation port and a second series structure having the same structure since such an arrangement is beneficial to provide desirable and exemplary choices for a back up module of the battery dynamic impedance online measuring system. Such an implementation can significantly increase the effectiveness of the battery dynamic impedance online measuring method and system.
With regard to claims 8 and 19, Hou et al., as modified in claims 7 and 18, teaches a) an excitation voltage generation module (FIG. 3 in view of in view of in view of FIG. 2, signal amplification power supply module and multi-tone excitation signal module) configured to receive user input information (multi-tone excitation signal as input) comprising at least two different frequencies (different excitation signals) and generate the at least two square wave current signals with different frequencies to generate a digital excitation voltage signal (by a digital direct frequency synthesizer, a digital direct frequency synthesizer in a digital-controlled oscillator mode) representing the excitation current, wherein the digital excitation voltage signal is directly proportional to the excitation current; and b) a control signal generation module (FIG. 3 in view of in view of in view of FIG. 2, signal acquisition and calculation module or battery impedance measuring module) configured to generate control signals of the second power switches in the series structures respectively according to the digital excitation voltage signal (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 9 and 20, Hou et al., as modified in claims 7 and 18, teaches the second power switch operates in an on state or an off state (inherent feature of a switch) (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
With regard to claims 10 and 20, Hou et al., as modified in claims 7 and 18, teaches a) controlling whether each first resistor is coupled in parallel with the battery module (FIG. 2, battery under test) according to switching states (on/off to amplify the excitation signal) of the second power switch in each series structure to control a resistance value of a resistor coupled in parallel with the battery module (FIG. 2, battery under test), such that a current flowing through the battery module (FIG. 2, battery under test) is controlled to be equal to the excitation current (similar to the rejections of claims 3 and 15 and claims 6 and 17); and b) the current flowing through the battery module (FIG. 2, battery under test) is configured as a ratio of a voltage (FIG. 3 in view of in view of in view of FIG. 2, voltage signal measurement module) of the battery module (FIG. 2, battery under test) to the resistance value of the resistor (defined by a current flowing through the battery module controlled to be equal to the excitation current) coupled in parallel with the battery module (FIG. 2, battery under test) (emphasis added) (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10). It is clear that the feature upon which applicants rely (i.e., “the current flowing through the battery module is configured as a ratio of a voltage of the battery module to the resistance value of the resistor coupled in parallel with the battery module”) is an inherent feature according to the well-known Ohm’s law: I = V/R.
With regard to claim 11, Hou et al., as modified in claims 1 and 13, teaches the control module (FIG. 3 in view of in view of in view of FIG. 2, signal acquisition and calculation module or battery impedance measuring module) is configured to perform Fourier transform on the excitation current and the response voltage to obtain the impedance spectrum of the battery module (FIG. 2, battery under test) (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10). It is well-known to one having ordinary skill in the art that using the Fourier transform on battery impedance data breaks complex signals into simple sine waves. This creates an amplitude spectrum and a phase spectrum (“generate an amplitude spectrum and a phase spectrum”), making it easy to see (“generate impedance information of the battery module”) how a battery handles different frequencies, spot hidden flaws, and test health without hurting the online measuring system. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the battery dynamic impedance online measuring method and system of Hou et al. to generate an amplitude spectrum and a phase spectrum since such an arrangement is beneficial to catch early signs of wear before the amplitude changes much in order to accurately predict battery life.
With regard to claim 12, Hou et al., as modified in claims 1 and 13, teaches at least one current sampling port (FIG. 3 in view of in view of in view of FIG. 2, current signal measurement module) configured to sample the actual excitation current flowing through the battery module (FIG. 2, battery under test) for Fourier transform (For more details, please read: FIGS. 1-6; Abstract; paragraphs: [0019]-[0025], [0035]-[0049]; and claims 1-4 and 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ attention is invited to the followings whose inventions disclose similar devices.
Chen et al. (CN 105738826 B) teaches a storage battery detecting system including a Fourier transform unit for separating a plurality of current excitation signals of different frequencies superimposed so as to more completely and accurately evaluate the state of the storage battery.
Li et al. (CN 115656830 B) teaches a low-temperature fast-charging lithium battery cathode lithium deposition detection method based on alternating current impedance spectrum for respectively performing the fast Fourier transform to obtain the voltage function and the current function.
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LEE E. RODAK can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/ Primary Examiner, Art Unit 2858
Prosecution Insights