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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/23/2025 & 12/17/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claim 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 & 14-15 of U.S. Patent No.12,210,065, in view of Yamaguchi (U.S. 2018/0287399 A1).
Regarding claims 1-15, U.S. Patent No. 12,210,065 B2 teaches the claimed limitations as mapped in the chart below, in which the highlighted sections indicate the differences relative to the co-pending application:
Instant Application
U.S. Patent No. 12,210,065
Claim 1: A battery diagnosing apparatus, comprising: a resistance measuring unit configured to measure an internal resistance of each of a plurality of battery modules including one or more battery cells; and a control unit configured to: receive resistance information about the internal resistance of each of the plurality of battery modules from the resistance measuring unit; set a first resistance section that includes the internal resistance of each of the plurality of battery modules; set a second resistance section that includes the internal resistance of some of the plurality of battery modules that belongs to the first resistance section but having the internal resistance less than a predetermined amount than those included in the first resistance section; and diagnose a state of a battery module of which the internal resistance belongs to both the first resistance section and the second resistance section as a normal state among the plurality of battery modules, and diagnose a state of a battery module of which the internal resistance does not belong to the first resistance section or the second resistance section as an abnormal state among the plurality of battery modules..
Claim 1: A battery diagnosing apparatus, comprising: a resistance measuring unit configured to measure an internal resistance of each of a plurality of battery modules including one or more battery cells; and a control unit configured to receive resistance information about the internal resistance of each of the plurality of battery modules from the resistance measuring unit, calculate a first criterion resistance and an absolute deviation between the first criterion resistance and the internal resistance, convert the calculated absolute deviation into a resistance deviation for the plurality of battery modules based on the resistance information, set a first resistance section based on the calculated first criterion resistance and the calculated resistance deviation, select a part of the plurality of battery modules as a target module based on the resistance information, calculate a second criterion resistance for the target module based on the resistance information, set a second resistance section based on the calculated second criterion resistance and a connection structure between the one or more battery cells included in each of the plurality of battery modules, and diagnose a state of each of the plurality of battery modules based on the measured internal resistance, the first resistance section and the second resistance section.
Claim 2: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to: receive resistance information about the internal resistance of each of the plurality of battery modules from the resistance measuring unit, calculate a first criterion resistance and a resistance deviation for the plurality of battery modules based on the resistance information, and set the first resistance section based on the calculated first criterion resistance and the calculated resistance deviation; and select a part of the plurality of battery modules as a target module based on the resistance information, calculate a second criterion resistance for the target module based on the resistance information, and set the second resistance section based on the calculated second criterion resistance and a connection structure between the one or more battery cells included in each of the plurality of battery modules
Claim 2: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to diagnose a state of a battery module of which the calculated internal resistance belongs to both the first resistance section and the second resistance section as a normal state among the plurality of battery modules, and wherein the control unit is configured to diagnose a state of a battery module of which the calculated internal resistance does not belong to the first resistance section or the second resistance section as an abnormal state among the plurality of battery modules.
Claim 3: The battery diagnosing apparatus according to claim 2, wherein the control unit is configured to calculate the first criterion resistance based on internal resistances of the plurality of battery modules, and calculate the resistance deviation based on a difference between the calculated first criterion resistance and the internal resistance of each of the plurality of battery modules.
Claim 3: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to calculate the first criterion resistance based on internal resistances of the plurality of battery modules, and calculate the resistance deviation based on a difference between the calculated first criterion resistance and the internal resistance of each of the plurality of battery modules.
Claim 4: The battery diagnosing apparatus according to claim 3, wherein the control unit is configured to calculate a first lower limit value by subtracting the resistance deviation from the first criterion resistance, calculate a first upper limit value by adding the resistance deviation to the first criterion resistance, and set the first resistance section based on the calculated first lower limit value and the calculated first upper limit value.
Claim 4: The battery diagnosing apparatus according to claim 3, wherein the control unit is configured to calculate a first lower limit value by subtracting the resistance deviation from the first criterion resistance, calculate a first upper limit value by adding the resistance deviation to the first criterion resistance, and set the first resistance section based on the calculated first lower limit value and the calculated first upper limit value.
Claim 5: The battery diagnosing apparatus according to claim 3, wherein the control unit is configured to calculate an absolute deviation between the calculated first criterion resistance and the internal resistance of each of the plurality of battery modules, and convert the calculated absolute deviation into the resistance deviation by using a predetermined scale factor.
Claim 5: The battery diagnosing apparatus according to claim 3, wherein the control unit is configured to calculate the absolute deviation between the calculated first criterion resistance and the internal resistance of each of the plurality of battery modules, and convert the calculated absolute deviation into the resistance deviation by using a predetermined scale factor.
Claim 6: The battery diagnosing apparatus according to claim 5, wherein the first criterion resistance is a median value for the internal resistances of the plurality of battery modules.
Claim 6: The battery diagnosing apparatus according to claim 5, wherein the first criterion resistance is a median value for the internal resistances of the plurality of battery modules.
Claim 7: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to select a battery module of which the calculated internal resistance is equal to or less than the first criterion resistance as the target module among the plurality of battery modules.
Claim 7: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to select a battery module of which the calculated internal resistance is equal to or less than the first criterion resistance as the target module among the plurality of battery modules.
Claim 8: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to calculate a parallel deviation based on a number of parallel connections of the one or more battery cells included in each of the plurality of battery modules, and set the second resistance section according to the second criterion resistance and the calculated parallel deviation.
Claim 8: The battery diagnosing apparatus according to claim 1, wherein the control unit is configured to calculate a parallel deviation based on a number of parallel connections of the one or more battery cells included in each of the plurality of battery modules, and set the second resistance section according to the second criterion resistance and the calculated parallel deviation.
Claim 9: The battery diagnosing apparatus according to claim 8, wherein the control unit is configured to calculate a second lower limit value by subtracting the parallel deviation from the second criterion resistance, calculate a second upper limit value by adding the parallel deviation to the second criterion resistance, and set the second resistance section based on the calculated second lower limit value and the calculated second upper limit value.
Claim 9: The battery diagnosing apparatus according to claim 8, wherein the control unit is configured to calculate a second lower limit value by subtracting the parallel deviation from the second criterion resistance, calculate a second upper limit value by adding the parallel deviation to the second criterion resistance, and set the second resistance section based on the calculated second lower limit value and the calculated second upper limit value.
Claim 10: The battery diagnosing apparatus according to claim 8, wherein the control unit is configured to calculate a parallel coefficient for the plurality of battery modules based on the number of parallel connections, and calculate the parallel deviation by multiplying the calculated parallel coefficient by the second criterion resistance.
Claim 10: The battery diagnosing apparatus according to claim 8, wherein the control unit is configured to calculate a parallel coefficient for the plurality of battery modules based on the number of parallel connections, and calculate the parallel deviation by multiplying the calculated parallel coefficient by the second criterion resistance.
Claim 11: The battery diagnosing apparatus according to claim 10, wherein the second criterion resistance is an average value for an internal resistance of the target module.
Claim 11: The battery diagnosing apparatus according to claim 10, wherein the second criterion resistance is an average value for an internal resistance of the target module.
Claim 12: A battery pack, comprising the battery diagnosing apparatus according to claim 1.
Claim 12: A battery pack, comprising the battery diagnosing apparatus according to claim 1.
Claim 13: A battery diagnosing method, comprising: a resistance measuring operation of measuring an internal resistance of each of a plurality of battery modules including one or more battery cells; a first resistance section setting operation of setting a first resistance section that includes the internal resistance of each of the plurality of battery modules; a second resistance section setting operation of setting a second resistance section that includes the internal resistance of some of the plurality of battery modules that belongs to the first resistance section but having the internal resistance less than a predetermined amount than those included in the first resistance section; and a state diagnosing operation of diagnosing a state of a battery module of which the internal resistance belongs to both the first resistance section and the second resistance section as a normal state among the plurality of battery modules, and diagnose a state of a battery module of which the internal resistance does not belong to the first resistance section or the second resistance section as an abnormal state among the plurality of battery modules.
Claim 14: A battery diagnosing method, comprising: measuring, by a resistance measuring unit, an internal resistance of each of a plurality of battery modules including one or more battery cells, in a resistance measuring operation; calculating, by a control unit, a first criterion resistance and an absolute deviation between the first criterion resistance and the internal resistance, and converting the calculated absolute deviation into a resistance deviation for the plurality of battery modules based on resistance information about the internal resistance of each of the plurality of battery modules measured in the resistance measuring operation, in a first criterion resistance and resistance deviation calculation operation; a first resistance section setting operation of setting a first resistance section based on the first criterion resistance and the resistance deviation calculated in the first criterion resistance and resistance deviation calculating operation; a target module selecting operation of selecting a part of the plurality of battery modules as a target module based on the resistance information; a second criterion resistance calculating operation of calculating a second criterion resistance for the target module based on the resistance information; a second resistance section setting operation of setting a second resistance section based on the second criterion resistance calculated in the second criterion resistance calculating operation and a connection structure between the one or more battery cells included in each of the plurality of battery modules; and a state diagnosing operation of diagnosing a state of each of the plurality of battery modules based on the measured internal resistance, the first resistance section and the second resistance section.
Claim 14: The battery diagnosing method according to claim 13, further comprising: a first criterion resistance and resistance deviation calculating operation of calculating a first criterion resistance and a resistance deviation for the plurality of battery modules based on resistance information about the internal resistance of each of the plurality of battery modules measured in the resistance measuring operation to set the first resistance section in the first resistance section setting operation; a target module selecting operation of selecting a part of the plurality of battery modules as a target module based on the resistance information; and a second criterion resistance calculating operation of calculating a second criterion resistance for the target module based on the resistance information to set the second resistance section in the second resistance section setting operation.
Claim 15: The method according to claim 14, further comprising: diagnosing a state of a battery module among the plurality of battery modules as a normal state when the calculated internal resistance of the battery module belongs to both the first resistance section and the second resistance section, and diagnosing a state of a battery module among the plurality of battery modules as an abnormal state when the calculated internal resistance of the battery module does not belong to the first resistance section or the second resistance section.
Claim 15: A battery diagnosing apparatus, comprising: a resistance measuring unit configured to measure an internal resistance of each of a plurality of battery modules including one or more battery cells; and a control unit configured to: receive resistance information about the internal resistance of each of the plurality of battery modules from the resistance measuring unit; set a first resistance section that includes the internal resistance of each of the plurality of battery modules; set a second resistance section that includes the internal resistance of some of the plurality of battery modules that belongs to the first resistance section but having the internal resistance less than a predetermined amount than those included in the first resistance section; and diagnose a state of a battery module of which the internal resistance belongs to both the first resistance section and the second resistance section as a normal state among the plurality of battery modules, and diagnose a state of a battery module of which the internal resistance does not belong to at least one of the first resistance section and the second resistance section as an abnormal state among the plurality of battery modules.
Claim 1: A battery diagnosing apparatus, comprising: a resistance measuring unit configured to measure an internal resistance of each of a plurality of battery modules including one or more battery cells; and a control unit configured to receive resistance information about the internal resistance of each of the plurality of battery modules from the resistance measuring unit, calculate a first criterion resistance and an absolute deviation between the first criterion resistance and the internal resistance, convert the calculated absolute deviation into a resistance deviation for the plurality of battery modules based on the resistance information, set a first resistance section based on the calculated first criterion resistance and the calculated resistance deviation, select a part of the plurality of battery modules as a target module based on the resistance information, calculate a second criterion resistance for the target module based on the resistance information, set a second resistance section based on the calculated second criterion resistance and a connection structure between the one or more battery cells included in each of the plurality of battery modules, and diagnose a state of each of the plurality of battery modules based on the measured internal resistance, the first resistance section and the second resistance section.
Regarding independent claim 1, U.S. Patent No. 12,210,065 B2 (claim 1) teaches a battery diagnosing apparatus comprising a resistance measuring unit configured to measure an internal resistance of each of a plurality of battery modules including one or more battery cells, and a control unit configured to receive resistance information about the internal resistance of each of the plurality of battery modules, set a first resistance section, select some of the plurality of battery modules as target modules based on the resistance information, set a second resistance section for the target modules, and diagnose the state of the battery modules based on the measured internal resistance and the first and second resistance sections.
U.S. Patent No. 12,210,065 B2 does not expressly recite, using the exact language of claim 1: “set a first resistance section that includes the internal resistance of each of the plurality of battery modules;” and “set a second resistance section that includes the internal resistance of some of the plurality of battery modules that belongs to the first resistance section but having the internal resistance less than a predetermined amount than those included in the first resistance section.”
Yamaguchi further teaches setting battery detection characteristics using predetermined threshold values and changing upper and lower detection thresholds to narrow a permissible battery-operating range when a predetermined condition is satisfied (see paragraph [0070]).
It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention, to modify the battery diagnosing apparatus claimed in U.S. Patent No. 12,210,065 by defining the first resistance section to include the measured internal resistances of the plurality of battery modules and defining the second resistance section as a narrower section containing the relatively lower internal resistances of the target modules selected according to parent claim 7, using a predetermined threshold amount as taught by Yamaguchi. Such a modification would have predictably provided a stricter diagnostic range for identifying abnormal battery modules and limiting continued use of battery modules associated with a detected fault because Yamaguchi emphasizes in paragraph [0070] that changing the upper and lower threshold values narrows the usable battery range and limits continued use when the predetermined condition is satisfied.
Regarding independent claim 13, claim 14 of U.S. Patent No. 12,210,065 B2 teaches a battery diagnosing method comprising measuring an internal resistance of each of a plurality of battery modules including one or more battery cells, setting a first resistance section based on resistance information about the plurality of battery modules, selecting some of the plurality of battery modules as target modules, setting a second resistance section for the target modules, and diagnosing the state of each battery module based on the measured internal resistance and the first and second resistance sections.
U.S. Patent No. 12,210,065 does not expressly recite, using the exact language of claim 13: “a first resistance section setting operation of setting a first resistance section that includes the internal resistance of each of the plurality of battery modules;” and “a second resistance section setting operation of setting a second resistance section that includes the internal resistance of some of the plurality of battery modules that belongs to the first resistance section but having the internal resistance less than a predetermined amount than those included in the first resistance section.”
Yamaguchi further teaches setting battery detection characteristics using predetermined threshold values and changing upper and lower detection thresholds to narrow a permissible battery-operating range when a predetermined condition is satisfied (see paragraph [0070]).
It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention, to modify the battery diagnosing method claimed in U.S. Patent No. 12,210,065 B2 by setting the first resistance section to include the measured internal resistances of the plurality of battery modules and setting the second resistance section as a narrower section containing the relatively lower internal resistances of the target modules selected, using a predetermined threshold amount as taught by Yamaguchi. Such a modification would have predictably provided a stricter diagnostic range for identifying abnormal battery modules and limiting continued use of battery modules associated with a detected fault because Yamaguchi emphasizes in paragraph [0070] that changing the upper and lower threshold values narrows the usable battery range and limits continued use when the predetermined condition is satisfied.
Regarding independent claim 15, claims 1, 2, and 7 of U.S. Patent No. 12,210,065 B2 teach the resistance measuring unit, plurality of battery modules, control unit, resistance information, first resistance section, second resistance section, lower-resistance target modules, and normal/abnormal state diagnosis discussed above with respect to instant claim 1. The limitation: “diagnose a state of a battery module of which the internal resistance does not belong to at least one of the first resistance section and the second resistance section as an abnormal state among the plurality of battery modules” is not patentably distinct from parent claim 2, which recites diagnosing a battery module as abnormal when its internal resistance “does not belong to the first resistance section or the second resistance section.” The “does not belong to at least one” language merely expressly states that failure to satisfy either resistance section results in an abnormal-state diagnosis and therefore constitutes, at most, an obvious linguistic variation of the condition recited in parent claim 2.
U.S. Patent No. 12,210,065 B2 also does not expressly recite, using the exact language of claim 15, that the second resistance section includes the internal resistance of some battery modules belonging to the first resistance section but having an internal resistance less than a predetermined amount than those included in the first resistance section.
Yamaguchi further teaches setting battery detection characteristics using predetermined upper and lower threshold values and changing those threshold values to narrow a permissible battery-operating range when a predetermined condition is satisfied (see paragraph [0070]).
It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention, to modify the battery diagnosing apparatus claimed in U.S. Patent No. 12,210,065 B2 by defining the second resistance section as a narrower section containing the relatively lower internal resistances of the target modules selected according to parent claim 7 and using a predetermined threshold amount as taught by Yamaguchi. Such a modification would have predictably provided a stricter standard for identifying abnormal battery modules and limiting continued use of battery modules associated with a detected fault because Yamaguchi emphasizes in paragraph [0070] that changing the upper and lower threshold values narrows the usable battery range and limits continued use when the predetermined condition is satisfied.
Regarding dependent claims 2–12 and 14, their corresponding claims in U.S. Patent No. 12,210,065 are identified in the comparison chart above.
Examiner’s Note: The instant application, Application No. 18/984,686, is a continuation of parent Application No. 17/926,520, now U.S. Patent No. 12,210,065 B2. Claims 1–20 of the parent application were allowed on September 26, 2024, based, at least in part, on limitations directed to establishing two resistance sections for diagnosing battery modules, including calculating a parallel deviation and setting a second resistance section according to a second criterion resistance and the calculated parallel deviation.
The limitations previously found allowable in the parent application are now also recited, in substantially similar scope, in independent claims 1, 13, and 15 of the present child application. Although expressed using different wording, these claims likewise require setting a first resistance section and a narrower second resistance section containing internal resistances of selected battery modules, and diagnosing the battery modules based on whether their internal resistances belong to the first and second resistance sections. Thus, the same core limitations that supported allowance of the parent claims are presently included in the independent claims of this child application.
As previously determined in the parent application, Prior Art of record, Suzuki et al. and Shen et al., individually or in combination, do not teach or suggest this two-tier resistance-section analysis and corresponding battery-module diagnosis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 11,656,296 B2 to Srinivasan et al. disclose a system or method for determining a battery state can include generating a set of models based on a measured response of a plurality of batteries to an applied load, measuring battery properties of a battery, and using a state estimator to determine a battery state associated with a battery.
U.S. 2022/0134116 A1 to Fried et al. disclose techniques for estimating the temperature of an external portion of a medical device are described. In an example, processing circuitry may determine a temperature sensed by at least one temperature sensor of an internal portion of the device, and determine, based on an algorithm that incorporates the temperature of the internal portion of the device, an estimated temperature of a second portion of the device, wherein the algorithm is representative of an estimated temperature difference between the first portion of the device and the second portion of the device based at least in part on a dynamic transfer function that operates in a time-domain.
U.S. 2016/0084913 A1 to Lupo et al. disclose a cell monitoring apparatus includes a processor and memory arranged to execute code representing a linear time-invariant state transition model and a non-linear observation model are provided to model a rechargeable cell using at least a non-linear open circuit voltage, an internal resistance, a time-invariant distortion voltage across a reactive component block, and a distortion current component constituting an error of measurement of current flowing through the reactive component block. An estimator unit performs extended Kalman filtering in respect of the state transition model and the observation model using the input state data in order to generate output state data. The processor is arranged to evaluate a criterion associated with at least part of the output state data and to generate a control signal in response to evaluation of the criterion.
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Examiner: /Trung Q. Nguyen/- Art 2858
/HUY Q PHAN/ Supervisory Patent Examiner, Art Unit 2858
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