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. Priority is being given to 12/20/2023.
Status of Claims
This action is in reply to the application filed on 12/12/2024.
Claims 1-15 are currently pending and have been examined.
Claims 1-15 are currently rejected.
This action is made NON-FINAL.
Claim Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claims 5 and 6 are in the wring sequence but appear to intend to be dependent upon claim 3 which would overcome the objection.
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 5-6 and 9-10 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.
Claims 5 and 6 recite the limitation "the at least one constraint" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears that claims 5 and 6 should be dependent upon claim 3 and not claim 2 which would overcome the rejection since antecedent basis is provided in claim 3.
Claim 9 recites the limitation “a battery arrangement”, “a first battery cell”, “a cell monitoring unit”, and “a thermal management function” in both claim 9 and claim 1, upon which this claim depends . It is unclear if the inventor is referring to the same objects or different objects. To overcome this rejection the examiner suggest changing the second recitation of “a battery arrangement”, “a first battery cell”, “a cell monitoring unit”, and “a thermal management function” to “the battery arrangement”, “the first battery cell”, “the cell monitoring unit”, and “the thermal management function”. For the purposes of examination, the examiner is interpreting the recitations to be referring to the same objects.
Claim 10 is rejected due to its dependence upon rejected claim 9.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Most of claim 8 is presented as optional limitations which are not required to be performed. The only required limitation “transmit the first wake up signal, and thereby indicating to the battery control module to trigger the thermal management function” does not limit the scope of the claim past that of claim 1, upon which it is dependent. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. To overcome this rejection the applicant can remove the term “optionally” from the claim requiring the limitations that further narrow the claim past claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 8-12, and 14-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dunbar et. al. (US 2025/0153612), herein Dunbar.
Regarding claim 1:
Dunbar teaches:
A computer system (fig. 3, master BMS 152) comprising processing circuitry configured to handle a battery arrangement (The master BMS communicates with all BMUs, has access to the status of all packs, and has control over all packs. While the vehicle is in operation, each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS. [0005]) comprising a first battery cell (a battery pack is a collection of battery cells, organized into a plurality of modules [0026]) and a cell monitoring unit (fig. 7, BMU 154), the cell monitoring unit is configured to monitor the first battery cell (each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS [0005]), the processing circuitry is further configured to:
obtain by the cell monitoring unit, a first indication indicative of an estimated or measured temperature of the first battery cell (a respective controller (the battery pack's BMU 154) that monitors a plurality of temperature sensors disposed respectively in certain, but not all, battery cells in the pack [0033]), based on the estimated or measured temperature of the first battery cell in relation to a preferred temperature range of the first battery cell (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) [0067]), determine whether or not to transmit a first wake up signal (When the master BMS and the BMUs are out of their sleep modes, the BMUs determine respective temperatures of their battery packs, and the master BMS controller polls the BMUs for that information [0067]) to a battery control module (fig. 3, VCU 92), which first wake up signal is arranged to indicate to the battery control module to trigger a thermal management function for the battery arrangement (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) or if the house battery state of charge is below a predetermined threshold, the master BMS changes the state of the ignition power KL15 hardwire input to the VCU, thereby causing the VCU to exit its sleep mode and allowing the VCU to take corrective action [0067]).
Regarding claim 2:
Dunbar teaches all the limitations of claim 1, upon which this claim depends.
Dunbar further teaches:
wherein the processing circuitry is further configured to determine to transmit the first wake up signal in response to that the estimated or measured temperature of the first battery cell is outside of the preferred temperature range (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) [0067]).
Regarding claim 3:
Dunbar teaches all the limitations of claim 1, upon which this claim depends.
Dunbar further teaches:
wherein the processing circuitry is further configured to determine whether or not to transmit the first wake up signal to the battery control module based on at least one constraint limiting a number of wake up signals (Under the monitoring mode, the master BMS intermittently, e.g., periodically, wakes up (exits sleep mode) and, in doing so, instructs the BMUs to wake up, without triggering any other controller in the bus to wake up. [0067]) and/or a rate of wake up signals sent to the battery control module (examiner notes that the periodic wake-up cycle of Dunbar inherently results in some rate of wake up.).
Regarding claim 4:
Dunbar teaches all the limitations of claim 3, upon which this claim depends.
Dunbar further teaches:
wherein the at least one constraint comprises a hysteresis for an end-point of the preferred temperature range (the master BMS controller triggers deactivation of the battery heating/cooling modes based on comparison of battery temperature to the same threshold (with a hysteresis offset) upon which the controller relied to trigger the heating/cooling mode [0079]), and wherein the processing circuit is configured to determine whether or not to transmit the first wake up signal based on whether the measured or estimated temperature triggers the hysteresis with respect to at least one previously measured or estimated temperature of the first battery cell (because that comparison triggers deactivation before comparison of battery coolant temperature to the set point provided at 194 would trigger deactivation, the system effectively deactivates the battery heating and cooling modes based on the comparison at 170 (and 172), rather than comparison to the set point. Upon such detection, the master BMS controller notifies the VCU, which initiates the awakened controllers to return to their low-power modes. [0079]).
Regarding claim 6:
Dunbar teaches all the limitations of claim 2, upon which this claim depends.
Dunbar further teaches:
wherein the at least one constraint comprises a constraint to wait at least a second time period until transmitting a subsequent wake up signal (Under the monitoring mode, the master BMS intermittently, e.g., periodically, wakes up (exits sleep mode) and, in doing so, instructs the BMUs to wake up, without triggering any other controller in the bus to wake up. [0067]).
Regarding claim 8:
Dunbar teaches all the limitations of claim 1, upon which this claim depends.
Dunbar further teaches:
transmit the first wake up signal (the master BMS changes the state of the ignition power KL15 hardwire input to the VCU [0067]), and thereby indicating to the battery control module to trigger the thermal management function (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) or if the house battery state of charge is below a predetermined threshold, the master BMS changes the state of the ignition power KL15 hardwire input to the VCU, thereby causing the VCU to exit its sleep mode and allowing the VCU to take corrective action [0067]), and optionally wherein the thermal management function relates to initiating (master BMS 152 sends a signal at 180 to VCU 92 (over a hardwire connection) to activate the controllers that control high-voltage battery heating/cooling [0072]), adjusting (examiner is interpreting this limitation in the alternative.), and/or maintaining (examiner is interpreting this limitation in the alternative.) a heating or cooling functionality for adjusting the temperature of the first battery cell to meet the preferred temperature range (master BMS 152 sends a signal at 180 to VCU 92 (over a hardwire connection) to activate the controllers that control high-voltage battery heating/cooling [0072]), and optionally wherein the processing circuitry is further configured to (examiner is interpreting this limitation in the alternative.):
subsequent to transmitting the first wake up signal to the battery control module, obtain, by the cell monitoring unit, a second indication indicative of a second estimated or measured temperature of the first battery cell, and when the second estimated or measured temperature is outside of the preferred temperature range, determine whether or not to transmit a second wake up signal to the battery control module based on at least one constraint limiting a number of wake up signals and/or a rate of wake up signals sent to the battery control module (examiner is interpreting this limitation in the alternative.).
Regarding claim 9:
Dunbar teaches all the limitations of claim 1, upon which this claim depends.
Dunbar further teaches:
A vehicle (an electric vehicle [abstract]) comprising a battery arrangement (The master BMS communicates with all BMUs, has access to the status of all packs, and has control over all packs. While the vehicle is in operation, each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS. [0005]) comprising a first battery cell (a battery pack is a collection of battery cells, organized into a plurality of modules [0026]) and a cell monitoring unit (fig. 7, BMU 154), and a battery control module (fig. 3, VCU 92), the cell monitoring unit is configured to monitor the first battery cell (each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS [0005]), the battery control module is configured to trigger a thermal management function for the battery arrangement when receiving a wake up signal (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) or if the house battery state of charge is below a predetermined threshold, the master BMS changes the state of the ignition power KL15 hardwire input to the VCU, thereby causing the VCU to exit its sleep mode and allowing the VCU to take corrective action [0067]), and wherein the vehicle comprises the computer system of claim 1.
Regarding claim 10:
Dunbar teaches all the limitations of claim 9, upon which this claim depends.
Dunbar further teaches:
wherein the vehicle is parked (maintains the main or parking brake's engagement [0067]) and is arranged in a low power mode (Prior to receiving ignition power, the controllers may have been in a low power, or “sleep,” mode in which the controllers do not receive ignition power but are connected to a power source [0058]).
Regarding claim 11:
Dunbar teaches:
A computer-implemented method for handling a battery arrangement (methods for maintaining operative conditions of high-voltage and low-voltage batteries in a high-voltage electrical system [0024]) comprising a first battery cell (a battery pack is a collection of battery cells, organized into a plurality of modules [0026]) and a cell monitoring unit (fig. 7, BMU 154), the cell monitoring unit is configured to monitor the first battery cell (each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS [0005]), the method comprising:
by processing circuitry of a computer system (The master BMS communicates with all BMUs, has access to the status of all packs, and has control over all packs. While the vehicle is in operation, each BMU is responsible to report its pack status, which includes battery cell temperatures as described above, to the master BMS. [0005]), obtaining by the cell monitoring unit, a first indication indicative of an estimated or measured temperature of the first battery cell (a respective controller (the battery pack's BMU 154) that monitors a plurality of temperature sensors disposed respectively in certain, but not all, battery cells in the pack [0033]), by the processing circuitry, based on the estimated or measured temperature of the first battery cell in relation to a preferred temperature range (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) [0067]), determining whether or not to transmit a first wake up signal (When the master BMS and the BMUs are out of their sleep modes, the BMUs determine respective temperatures of their battery packs, and the master BMS controller polls the BMUs for that information [0067]) to a battery control module (fig. 3, VCU 92), which first wake up signal is arranged to indicate to the battery control module to trigger a thermal management function for the battery arrangement (If any high-voltage battery pack temperature is outside of a predetermined range (either too low or too high) or if the house battery state of charge is below a predetermined threshold, the master BMS changes the state of the ignition power KL15 hardwire input to the VCU, thereby causing the VCU to exit its sleep mode and allowing the VCU to take corrective action [0067]).
Regarding claim 12:
Dunbar teaches all the limitations of claim 11, upon which this claim depends.
Dunbar further teaches:
wherein determining whether or not to transmit the first wake up signal is based on at least one constraint limiting a number of wake up signals (Under the monitoring mode, the master BMS intermittently, e.g., periodically, wakes up (exits sleep mode) and, in doing so, instructs the BMUs to wake up, without triggering any other controller in the bus to wake up. [0067]) and/or a rate of wake up signals sent to the battery control module (examiner notes that the periodic wake-up cycle of Dunbar inherently results in some rate of wake up.).
Regarding claim 14:
Dunbar teaches all the limitations of claim 11, upon which this claim depends.
Dunbar further teaches:
A computer program product comprising program code for performing (is configured to execute program instructions when the electric vehicle is in an inactive state, so that upon detection that the temperature of the high-voltage electric storage power source is outside a predetermined range, the computer system actuates the temperature control system, and upon detection that the state of charge of the low-voltage electric storage power source is below a predetermined level, the computer system controls the switch to its said closed state [0008]), when executed by the processing circuitry, the method of claim 11.
Regarding claim 15:
Dunbar teaches all the limitations of claim 11, upon which this claim depends.
Dunbar further teaches:
A non-transitory computer-readable storage medium comprising instructions, which when executed by the processing circuitry (The monitoring mode instruction causes the master BMS to actuate an application that resides at memory on, or at memory that is otherwise accessible by, the master BMS to execute the monitoring mode steps described herein [0068]), cause the processing circuitry to perform the method of claim 11.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunbar et. al. (US 2025/0153612), herein Dunbar in view of Fan (CN115107519), herein Fan.
Regarding claim 5:
Dunbar teaches all the limitations of claim 2, upon which this claim depends.
Dunbar further teaches:
during a first time period (Under the monitoring mode, the master BMS intermittently, e.g., periodically, wakes up (exits sleep mode) and, in doing so, instructs the BMUs to wake up, without triggering any other controller in the bus to wake up. [0067]), and optionally, wherein the first time period starts when transmitting a wake up signal to the battery control module.
Dunbar does not explicitly teach, however Fan teaches:
wherein the at least one constraint comprises a constraint to only transmit a set number of wake up signals (sending the wake-up signal to the BCM, repeatedly sending the wake-up signal times less than or equal to the first preset times [page 8])
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have modified Dunbar to include the teachings as taught by Fan with a reasonable expectation of success. Both arts are in the same field of monitoring the electrical systems of a vehicle. Fan also teaches the benefit of “a monitoring method of low voltage power supply, system and vehicle, it can monitor the charging current of the storage battery when the whole vehicle network is dormant, and when the charging current of the storage battery is abnormal, it can awaken the whole vehicle network, so as to timely execute the protection control of the storage battery, and avoid the storage battery damage [Fan, page 2]”.
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunbar et. al. (US 2025/0153612), herein Dunbar in view of Hashimoto et. al. (US 2025/0167331), herein Hashimoto.
Regarding claim 7:
Dunbar teaches all the limitations of claim 1, upon which this claim depends.
Dunbar further teaches:
obtain a temperature measurement or estimate from one or more second battery cells (the system does not include a temperature sensor for each cell but, rather, for a sufficient number of cells, in various spaced apart locations within the pack, so that the signals from the temperature sensors are representative of the temperature of the cells across the battery pack [0026]), and
Dunbar does not explicitly teach, however Hashimoto teaches:
estimate the temperature of the first battery cell based on the temperature measurement or estimate from one or more second battery cells (the battery control unit 46 estimates the temperature of each of the cells E1 to En based on a value measured by the temperature sensor most adjacent to the cell [0047]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have modified Dunbar to include the teachings as taught by Hashimoto with a reasonable expectation of success. Both arts are in the same field of endeavor of control of battery temperatures. Hashimoto also teaches the benefit of “a technology for efficiently adjusting the battery temperature to a target temperature before the start of charging [Hashimoto, 0010]”.
Regarding claim 13:
Dunbar teaches all the limitations of claim 11, upon which this claim depends.
Dunbar further teaches:
obtaining a temperature measurement or estimate from one or more second battery cells (the system does not include a temperature sensor for each cell but, rather, for a sufficient number of cells, in various spaced apart locations within the pack, so that the signals from the temperature sensors are representative of the temperature of the cells across the battery pack [0026]), and
Dunbar does not explicitly teach, however Hashimoto teaches:
estimating the temperature of the first battery cell based on the temperature measurement or estimate from one or more second battery cells (the battery control unit 46 estimates the temperature of each of the cells E1 to En based on a value measured by the temperature sensor most adjacent to the cell [0047]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have modified Dunbar to include the teachings as taught by Hashimoto with a reasonable expectation of success. Both arts are in the same field of endeavor of control of battery temperatures. Hashimoto also teaches the benefit of “a technology for efficiently adjusting the battery temperature to a target temperature before the start of charging [Hashimoto, 0010]”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ray (US 2024/0410957) discloses A computer system include processing circuitry configured to handle detection of a wake up signal is provided. The wake up signal is indicative of a hazard in a battery associated with a vehicle. The processing circuitry is further configured to during one or more detection periods, attempt to detect the wake up signal, and during one or more idle periods, refrain from attempting to detect the wake up signal.
Shi (US 2024/0262159) discloses a heat management apparatus, a control method for the heat management apparatus, and a vehicle. The heat management apparatus includes: a first heat exchange unit, where the first heat exchange unit is provided with an energy storage material, and the first heat exchange unit is connected to a battery cell by using a heat conducting pipe; and a second heat exchange unit including a first cooling pipe internally provided with a refrigerant, where at least a part of the first cooling pipe is configured in the energy storage material. The heat management apparatus can meet heat dissipation and heating requirements of a battery in various working conditions, fully utilize energy of the battery, reduce power consumption of the battery, and reduce a safety risk caused due to an excessively high temperature of a battery cell.
Tokozakura (US 2020/0127352) discloses A battery cooling system includes: a circulation circuit configured to circulate common oil to a transaxle, a battery, and an oil cooler; a first electric oil pump that is disposed in a first oil passage; a second electric oil pump that is disposed in a second oil passage; and a controller configured to control the first electric oil pump and the second electric oil pump. The controller is configured to operate the first electric oil pump and stop the second electric oil pump when a temperature of the battery is equal to or lower than a first predetermined value, and stop the first electric oil pump and operate the second electric oil pump when the temperature of the battery is higher than the first predetermined value.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott R Jagolinzer whose telephone number is (571)272-4180. The examiner can normally be reached M-Th 8AM - 4PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christian Chace can be reached at (571)272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott R. Jagolinzer
Examiner
Art Unit 3665
/S.R.J./Examiner, Art Unit 3665 /CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
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