DETAILED ACTION
This is a first action on the merits. Claims 1-20 are pending. Claims 1-7 and 14-20 are examined. Claims 8-13 are currently withdrawn. Claims dated 12/13/2024 are being examined.
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 statement (IDS) submitted on 12/13/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I: claims 1-7 and 14-20 in the reply filed on 05/04/2026 is acknowledged.
Claims 8-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
Double Patenting
Claims 1-7 and 14-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,296,689.
The claims of the instant application are broader claims than the claims of said U.S. Patent (the entire scope of the patented claim falls within the scope of the examined claims), and therefore the claims of said U.S. Patent anticipate the claims of the application being examined.
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.
Allowable Subject Matter
Claims 6 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 6 and 19, the prior arts on record do not teach, describe, and/or suggest all the limitations as presented in the claim as a whole – specifically based on causing the one or more cooling components to be enabled, one or more accumulator components of the machine to bleed, wherein the battery is caused to enter the charging state based on causing the one or more accumulator components to bleed.
In particular, while the prior art generally teaches battery cooling systems, charging operations, and activation of machine systems, the prior art does not disclose, teach, or suggest the claimed dependency relationship above performed responsive to activation of the battery cooling component(s).
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 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.
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, 7, 14-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Neil et al. (US-20040100225-A1), in view of Wang et al. (US-20220359925-A1) and herein after will be referred to as Wang.
Regarding claim 1, Neil teaches a method, comprising:
identifying, by a controller, that a battery of a machine is connected to an electrical power connector component configured to charge the battery (Fig. 11 controller 22; [0016] The controller 22 detects a signal on control line 30 that indicates the charger 18 is connected or beginning to charge the battery 14; [0020] detects the start of the battery charging session when an electrical plug 42 on cable 42 is mechanically or electrically engaged with socket 25);
causing, by the controller and based on identifying the battery, one or more battery components of the machine to be enabled ([0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20; [0018] A filter 23 may be coupled into line 21 to filter out electrical surges that may be generated by the battery charger 18 while charging battery 14);
causing, by the controller and based on causing the one or more battery components to be enabled, one or more cooling components of the machine to be enabled to cause a cooling functionality to be provided to the battery; and ([0016] the controller 22 causes the electrical interlock switch 20 to maintain or connect battery 14 to fan 16 via connection 41B)
causing, by the controller […], the battery to enter into a charging state ([0016] The controller 22 detects a signal on control line 30 that indicates the charger 18 is connected or beginning to charge the battery 14).
Neil’s cooling components are automatically enabled during charging ([0004] a controller automatically activates the fan to cool the battery during the charging session), so Neil does not explicitly teach “and based on causing the one or more cooling components to be enabled”.
However, Wang teaches causing, by a controller “and based on causing the one or more cooling components to be enabled”, the battery to enter into a charging state ([0037] …the BMU controller 36 may activate the TEC 38 to cool the battery cell 34 prior to enabling the power source 48 to trickle charge the battery cell 34. For example, prior to enabling the external power source 48 to trickle charge the battery cell 34, the BMU controller 36 may monitor the temperature of the battery cell 34 (e.g., via the temperature sensor 40) until the temperature of the battery cell 34 is reduced by operation of the TEC 38 below the first threshold temperature (e.g., upper threshold temperature)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the battery enters the charging state as taught in Neil to incorporate the teachings of Wang to include being also “based on causing the one or more cooling components to be enabled”, with a reasonable expectation of success since doing so would have achieved the benefit of, prior to enabling the charging state, making “the battery cell sufficiently cool to avoid negatively impacting a lifespan of the battery cell and/or a capacity of the battery cell” (Wang [0038]).
Regarding claim 2, Neil, as modified, teaches the method of claim 1.
Neil also teaches wherein causing the one or more battery components to be enabled comprises: causing a plurality of battery components, including the one or more battery components, of the machine to be enabled in a particular order (FIG. 1 enabling of switch 20, filter 23, converter 49, power lines 41A etc.; [0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20; [0018] A filter 23 may be coupled into line 21 to filter out electrical surges that may be generated by the battery charger 18 while charging battery 14).
Regarding claim 3, Neil, as modified, teaches the method of claim 2.
Neil also teaches wherein causing the plurality of battery components to be enabled in the particular order comprises: causing one or more charging components of the battery to be enabled; and ([0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20),
causing, based on causing the one or more charging components to be enabled, one or more electrical components of the machine to be enabled (FIG. 1 enabling fan 16 after switch 20 is enabled; [0019] the controller 22 enables interlock switch 20 to supply power from battery 14 or directly from the battery charger 18 to the fan 16).
Regarding claim 5, Neil, as modified, teaches the method of claim 1.
Neil also teaches further comprising: causing, based on causing the one or more cooling components to be enabled, one or more propulsion components of the machine to be disabled, wherein the battery is caused to enter the charging state based on causing the one or more propulsion components to be disabled ([0016] the controller 22 causes the electrical interlock switch 20 to maintain or connect battery 14 to fan 16 via connection 41B and disconnect the battery 14 from other electrical equipment in vehicle 12. For example, interlock 20 may disconnect the battery 14 from the vehicle electric motor 9 (FIG. 1)).
Regarding claim 7, Neil, as modified, teaches the method of claim 1.
Neil, as modified, does not explicitly teach further comprising: causing, based on causing the one or more cooling components to be enabled, one or more non-accumulator components of the machine to be enabled, wherein the battery is caused to enter the charging state based on causing the one or more non-accumulator components to be enabled.
However, Wang also teaches further comprising: causing, based on causing the one or more cooling components to be enabled ([0037] …the BMU controller 36 may activate the TEC 38 to cool the battery cell 34 prior to enabling the power source 48 to trickle charge the battery cell 34),
one or more non-accumulator components of the machine to be enabled ([0041] The active element 60 of the TEC 38, referred to in certain instances of the present disclosure as a Peltier device, may include two types of semiconductors (e.g., n-type and p-type) arranged in an alternating order, thermally parallel to each other, and electrically in series. Further, the two types of semiconductors may be joined via the cold plate 62 and the hot plate 66 extending along either side of the two types of semiconductors (or via a separate cold plate and hot plate associated with the active element 60, where the separate cold plate is connected to the illustrated cold plate 62 and the separate hot plate is connected to the illustrated hot plate 66) – The limitation “non-accumulator component” under broadest reasonable interpretation encompasses any component that is not an accumulator. In Wang there are multiple components of the cooling system/electrical circuitry that are enabled and any one of these multiple components could be considered as a non-accumulator component.),
wherein the battery is caused to enter the charging state based on causing the one or more non-accumulator components to be enabled ([0037] For example, prior to enabling the external power source 48 to trickle charge the battery cell 34, the BMU controller 36 may monitor the temperature of the battery cell 34 (e.g., via the temperature sensor 40) until the temperature of the battery cell 34 is reduced by operation of the TEC 38 below the first threshold temperature (e.g., upper threshold temperature)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the battery enters the charging state as taught in Neil to incorporate the teachings of Wang to include further comprising: causing, based on causing the one or more cooling components to be enabled, one or more non-accumulator components of the machine to be enabled, wherein the battery is caused to enter the charging state based on causing the one or more non-accumulator components to be enabled, with a reasonable expectation of success since doing so would have achieved the benefit of, prior to enabling the charging state, making “the battery cell sufficiently cool to avoid negatively impacting a lifespan of the battery cell and/or a capacity of the battery cell” (Wang [0038]).
Regarding claim 14, Neil teaches a controller, comprising:
one or more processors, configured to (Fig. 11 controller 22):
identify that a battery of a machine is connected to an electrical power connector component configured to charge the battery ([0016] The controller 22 detects a signal on control line 30 that indicates the charger 18 is connected or beginning to charge the battery 14; [0020] detects the start of the battery charging session when an electrical plug 42 on cable 42 is mechanically or electrically engaged with socket 25);
cause, based on identifying the battery, one or more battery components of the machine to be enabled ([0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20; [0018] A filter 23 may be coupled into line 21 to filter out electrical surges that may be generated by the battery charger 18 while charging battery 14);
cause, based on causing the one or more battery components to be enabled, one or more cooling components of the machine to be enabled, to cause a cooling functionality to be provided to the battery; and ([0016] the controller 22 causes the electrical interlock switch 20 to maintain or connect battery 14 to fan 16 via connection 41B)
cause, […], the battery to enter into a charging state ([0016] The controller 22 detects a signal on control line 30 that indicates the charger 18 is connected or beginning to charge the battery 14).
Neil’s cooling components are automatically enabled during charging ([0004] a controller automatically activates the fan to cool the battery during the charging session), so Neil does not explicitly teach “and based on causing the one or more cooling components to be enabled”.
However, Wang teaches cause, by a controller “and based on causing the one or more cooling components to be enabled”, the battery to enter into a charging state ([0037] …the BMU controller 36 may activate the TEC 38 to cool the battery cell 34 prior to enabling the power source 48 to trickle charge the battery cell 34. For example, prior to enabling the external power source 48 to trickle charge the battery cell 34, the BMU controller 36 may monitor the temperature of the battery cell 34 (e.g., via the temperature sensor 40) until the temperature of the battery cell 34 is reduced by operation of the TEC 38 below the first threshold temperature (e.g., upper threshold temperature)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the battery enters the charging state as taught in Neil to incorporate the teachings of Wang to include being also “based on causing the one or more cooling components to be enabled”, with a reasonable expectation of success since doing so would have achieved the benefit of, prior to enabling the charging state, making “the battery cell sufficiently cool to avoid negatively impacting a lifespan of the battery cell and/or a capacity of the battery cell” (Wang [0038]).
Regarding claim 15, Neil, as modified, teaches the controller of claim 14.
Neil also teaches wherein, to cause the one or more battery components to be enabled, the one or more processors are configured to: cause a plurality of battery components, including the one or more battery components, of the machine to be enabled in a particular order (FIG. 1 enabling of switch 20, filter 23, converter 49, power lines 41A etc.; [0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20; [0018] A filter 23 may be coupled into line 21 to filter out electrical surges that may be generated by the battery charger 18 while charging battery 14).
Regarding claim 16, Neil, as modified, teaches the controller of claim 15.
Neil also teaches wherein, to cause the plurality of battery components to be enabled in the particular order, the one or more processors are configured to: cause one or more charging components of the battery to be enabled; and ([0016] Upon detecting the signal on control line 30, the controller 22 activates an electrical interlock switch 20)
cause, based on causing the one or more charging components to be enabled, one or more electrical components of the machine to be enabled (FIG. 1 enabling fan 16 after switch 20 is enabled; [0019] the controller 22 enables interlock switch 20 to supply power from battery 14 or directly from the battery charger 18 to the fan 16).
Regarding claim 18, Neil, as modified, teaches the controller of claim 14.
Neil also teaches wherein the one or more processors are further configured to: cause, based on causing the one or more cooling components to be enabled, one or more propulsion components of the machine to be disabled, wherein the battery is caused to enter the charging state based on causing the one or more propulsion components to be disabled ([0016] the controller 22 causes the electrical interlock switch 20 to maintain or connect battery 14 to fan 16 via connection 41B and disconnect the battery 14 from other electrical equipment in vehicle 12. For example, interlock 20 may disconnect the battery 14 from the vehicle electric motor 9 (FIG. 1)).
Regarding claim 20, Neil, as modified, teaches the controller of claim 14.
Neil, as modified, does not explicitly teach wherein the one or more processors are further configured to: cause, based on causing the one or more cooling components to be enabled, one or more accumulator components of the machine to bleed, wherein the battery is caused to enter the charging state based on causing the one or more accumulator components to bleed.
However, Wang also teaches wherein the one or more processors are further configured to: cause, based on causing the one or more cooling components to be enabled ([0037] …the BMU controller 36 may activate the TEC 38 to cool the battery cell 34 prior to enabling the power source 48 to trickle charge the battery cell 34),
one or more non-accumulator components of the machine to be enabled ([0041] The active element 60 of the TEC 38, referred to in certain instances of the present disclosure as a Peltier device, may include two types of semiconductors (e.g., n-type and p-type) arranged in an alternating order, thermally parallel to each other, and electrically in series. Further, the two types of semiconductors may be joined via the cold plate 62 and the hot plate 66 extending along either side of the two types of semiconductors (or via a separate cold plate and hot plate associated with the active element 60, where the separate cold plate is connected to the illustrated cold plate 62 and the separate hot plate is connected to the illustrated hot plate 66) – The limitation “non-accumulator component” under broadest reasonable interpretation encompasses any component that is not an accumulator. In Wang there are multiple components of the cooling system/electrical circuitry that are enabled and any one of these multiple components could be considered as a non-accumulator component),
wherein the battery is caused to enter the charging state based on causing the one or more non-accumulator components to be enabled ([0037] For example, prior to enabling the external power source 48 to trickle charge the battery cell 34, the BMU controller 36 may monitor the temperature of the battery cell 34 (e.g., via the temperature sensor 40) until the temperature of the battery cell 34 is reduced by operation of the TEC 38 below the first threshold temperature (e.g., upper threshold temperature)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the battery enters the charging state as taught in Neil to incorporate the teachings of Wang to include further comprising: causing, based on causing the one or more cooling components to be enabled, one or more non-accumulator components of the machine to be enabled, wherein the battery is caused to enter the charging state based on causing the one or more non-accumulator components to be enabled, with a reasonable expectation of success since doing so would have achieved the benefit of, prior to enabling the charging state, making “the battery cell sufficiently cool to avoid negatively impacting a lifespan of the battery cell and/or a capacity of the battery cell” (Wang [0038]).
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Neil, in view of Wang, in further view of Cheng et al. (US-20180194243-A1) and herein after will be referred to as Cheng.
Regarding claim 4, Neil, as modified, teaches the method of claim 1.
Neil does not explicitly teach further comprising: causing, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled, wherein the one or more cooling components are caused to be enabled based on causing the shutdown timer to be disabled.
However, Cheng teaches further comprising: causing, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled ([0005] a vehicle battery management system (BMS) may be configured to start a timer when the vehicle is turned off […] and to switch the battery to a shutdown mode, when the timer reaches a predetermined value (or expires if configured as a countdown timer); [0006] deactivate the shutdown mode based at least in part on the main power monitor determining that the main power between the vehicle and the battery is detected).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Neil, as modified, to incorporate the teachings of Cheng to include further comprising: causing, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled, “to manage the performance and operation of a rechargeable battery” (Cheng [0003]).
Neil, as modified, also teaches wherein the one or more cooling components are caused to be enabled based on causing the shutdown timer to be disabled (see rejection of claim 1 where in Neil the fan is enabled after power is provided, and here Cheng [0006] teaches that when power is provided, the timer is deactivated).
Regarding claim 17, Neil, as modified, teaches the controller of claim 14.
Neil does not explicitly teach wherein the one or more processors are further configured to: cause, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled, wherein the one or more cooling components are caused to be enabled based on causing the shutdown timer to be disabled.
However, Cheng teaches wherein the one or more processors are further configured to: cause, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled ([0005] a vehicle battery management system (BMS) may be configured to start a timer when the vehicle is turned off […] and to switch the battery to a shutdown mode, when the timer reaches a predetermined value (or expires if configured as a countdown timer); [0006] deactivate the shutdown mode based at least in part on the main power monitor determining that the main power between the vehicle and the battery is detected).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify Neil, as modified, to incorporate the teachings of Cheng to include wherein the one or more processors are further configured to: cause, based on causing the one or more battery components to be enabled, a shutdown timer, associated with an amount of time for the battery to remain active prior to shutting down, to be disabled, “to manage the performance and operation of a rechargeable battery” (Cheng [0003]).
Neil, as modified, also teaches wherein the one or more cooling components are caused to be enabled based on causing the shutdown timer to be disabled (see rejection of claim 14 where in Neil the fan is enabled after power is provided, and here Cheng [0006] teaches that when power is provided, the timer is deactivated).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20220203863-A1 Wu discloses general thermal management methods for a battery pack
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/DAVIN SEOL/Examiner, Art Unit 3662
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