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 .
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.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR 10-2021-0100431, filed on 03/09/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2025 and 07/17/2025 have been considered by the examiner.
Oath/Declaration
Oath/Declaration as file 12/19/2024 is noted 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,216,173 (Application No. 18/025428) respectively. Although the conflicting claims are not identical, they are not patentably distinct from each other because both sets of claims cover the same subject matter.
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Instant Application: Claim 1
US Patent 12,216,173: Claim 1
A battery management system that detects a defective battery cell in a battery including a plurality of battery cells, comprising:
A battery management system that detects a defective battery cell in a battery including a plurality of battery cells, comprising:
a cell monitoring integrated circuit (IC) that is connected to opposite ends of each battery cell of the plurality of battery cells and is configured to measure a respective cell voltage of each battery cell of the plurality of battery cells; and
a cell monitoring integrated circuit (IC) that is connected to opposite ends of each battery cell of the plurality of battery cells and is configured to measure a respective cell voltage of each battery cell of the plurality of battery cells; and
a main control circuit configured to, for each battery cell of the plurality of battery cells:
a main control circuit configured to, for each battery cell of the plurality of battery cells:
for each charge/discharge cycle of the battery:
for each charge/discharge cycle of the battery:
detect whether a cell voltage of the battery cell reaches a charge final voltage, and
detect whether a cell voltage of the battery cell reaches a charge final voltage before any other battery cell of the plurality of battery cells, and
detect whether the cell voltage of the battery cell reaches a discharge final voltage,
detect whether the cell voltage of the battery cell reaches a discharge final voltage before any other battery cell of the plurality of battery cells,
determine a first count of how many times the battery cell reaches the charge final voltage, and a second count of how many times the battery cell reaches the discharge final voltage, and
when a number of the charge/discharge cycles satisfies a first reference count, determine a first count of how many times the battery cell reaches the charge final voltage before any other battery cell of the plurality of battery cells, and a second count of how many times the battery cell reaches the discharge final voltage before any other battery cell of the plurality of battery cells, and
determine that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a reference count.
determine that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a second reference count.
Both sets of claims’ features of the instant application (claim 2-3) and the US Patent (claims 2-3) can be compared by using the table shown above.
Instant Application: Claim 4
US Patent 12,216,173: Claim 4
A battery management system that detects a defective battery cell in a battery including a plurality of battery cells, comprising:
A battery management system that detects a defective battery cell in a battery including a plurality of battery cells, comprising:
a cell monitoring IC that is connected to opposite ends of each battery cell of the plurality of battery cells and is configured to measure a respective cell voltage of each battery cell of the plurality of battery cells; and
a cell monitoring IC that is connected to opposite ends of each battery cell of the plurality of battery cells and is configured to measure a respective cell voltage of each battery cell of the plurality of battery cells; and
a main control circuit configured to, for each battery cell of the plurality of battery cells:
a main control circuit configured to, for each battery cell of the plurality of battery cells:
for each charge/discharge cycle of the battery:
for each charge/discharge cycle of the battery:
detect whether a cell voltage of the battery cell reaches a charge final voltage, and
detect whether a cell voltage of the battery cell reaches a charge final voltage before any other battery cell of the plurality of battery cells, and
detect whether the cell voltage of the battery cell reaches a discharge final voltage, and
detect whether the cell voltage of the battery cell reaches a discharge final voltage before any other battery cell of the plurality of battery cells, and
determine that the battery cell is defective in response to the battery cell reaching the charge final voltage and reaching the discharge final voltage within consecutive charge/discharge cycles of the battery.
when a number of the charge/discharge cycles satisfies a first reference count, determine that the battery cell is defective in response to the battery cell reaching the charge final voltage before any other battery cell of the plurality of battery cells and reaching the discharge final voltage before any other battery cell of the plurality of battery cells within consecutive charge/discharge cycles of the battery.
Both sets of claims’ features of the instant application (claim 5-7 and 15) and the US Patent (claims 5-8) can be compared by using the table shown above.
Instant Application: Claim 8
US Patent 12,216,173: Claim 9
A method for detecting whether a battery cell in a battery including a plurality of battery cells is defective, by a battery management system, comprising:
A method for detecting whether a battery cell in a battery including a plurality of battery cells is defective, by a battery management system, comprising:
for each charge/discharge cycle of the battery:
for each charge/discharge cycle of the battery:
detecting whether a cell voltage of the battery cell reaches a charge final voltage; and
detecting whether a cell voltage of the battery cell reaches a charge final voltage before any other battery cell of the plurality of battery cells; and
detecting whether the cell voltage of the battery cell reaches a discharge final voltage;
detecting whether the cell voltage of the battery cell reaches a discharge final voltage before any other battery cell of the plurality of battery cells;
determining a first count of how many times the battery cell reaches the charge final voltage, and a second count of how many times the battery cell reaches the discharge final voltage; and
in response to the number of charge/discharge cycles reaching the first reference count, determining a first count of how many times the battery cell reaches the charge final voltage before any other battery cell of the plurality of battery cells, and a second count of how many times the battery cell reaches the discharge final voltage before any other battery cell of the plurality of battery cells; and
determining that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a reference count.
determining that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a second reference count.
Both sets of claims’ features of the instant application (claim 9-10) and the US Patent (claims 10-11) can be compared by using the table shown above.
Instant Application: Claim 11
US Patent 12,216,173: Claim 12
A method for detecting whether a battery cell in a battery including a plurality of battery cells is defective, by a battery management system, comprising:
A method for detecting whether a battery cell in a battery including a plurality of battery cells is defective, by a battery management system, comprising:
for each charge/discharge cycle of the battery:
for each charge/discharge cycle of the battery:
detecting whether a cell voltage of the battery cell reaches a charge final voltage; and
detecting whether a cell voltage of the battery cell reaches a charge final voltage before any other battery cell of the plurality of battery cells; and
detecting whether the cell voltage of the battery cell reaches a discharge final voltage;
detecting whether the cell voltage of the battery cell reaches a discharge final voltage before any other battery cell of the plurality of battery cells;
determining that the battery cell is defective in response to the battery cell reaching the charge final voltage and reaching the discharge final voltage within consecutive charge/discharge cycles of the battery.
when the number of the charge/discharge cycles reaches the first reference count, determining that the battery cell is defective in response to the battery cell reaching the charge final voltage before any other battery cell of the plurality of battery cells and reaching the discharge final voltage before any other battery cell of the plurality of battery cells within consecutive charge/discharge cycles of the battery.
Both sets of claims’ features of the instant application (claim 12-14 and 16) and the US Patent (claims 13-16) can be compared by using the table shown above.
This is a double patenting rejection since the conflicting claims have been patented.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance (Should the Double Patenting Rejection be overcome):
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 1,
“…detect whether a cell voltage of the battery cell reaches a charge final voltage, and detect whether the cell voltage of the battery cell reaches a discharge final voltage, determine a first count of how many times the battery cell reaches the charge final voltage, and a second count of how many times the battery cell reaches the discharge final voltage, and determine that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a reference count.”
Claims 2-3 are also allowed as they further limit allowed claim 1.
Regarding claim 4, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 4,
“…detect whether a cell voltage of the battery cell reaches a charge final voltage, and detect whether the cell voltage of the battery cell reaches a discharge final voltage, and determine that the battery cell is defective in response to the battery cell reaching the charge final voltage and reaching the discharge final voltage within consecutive charge/discharge cycles of the battery.”
Claims 5-7 and 15 are also allowed as they further limit allowed claim 4.
Regarding claim 8, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 8,
“…detecting whether a cell voltage of the battery cell reaches a charge final voltage; and detecting whether the cell voltage of the battery cell reaches a discharge final voltage; determining a first count of how many times the battery cell reaches the charge final voltage, and a second count of how many times the battery cell reaches the discharge final voltage; and determining that the battery cell is defective in response to a total of the first count and the second count being greater than or equal to a reference count.”
Claims 9-10 are also allowed as they further limit allowed claim 8.
Regarding claim 11, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 11,
“…detecting whether a cell voltage of the battery cell reaches a charge final voltage; and detecting whether the cell voltage of the battery cell reaches a discharge final voltage; determining that the battery cell is defective in response to the battery cell reaching the charge final voltage and reaching the discharge final voltage within consecutive charge/discharge cycles of the battery.”
Claims 12-14 and 16 are also allowed as they further limit allowed claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park US 2015/0234015 - An apparatus for diagnosing a battery cell defect includes a battery having a plurality of battery cells, a sensing portion configured to sense the battery to generate sensing information, a calculation portion configured to calculate real used power and a cell voltage of each of the plurality battery cells using the generated sensing information, a monitoring portion configured to store information on whether the battery is overused in the form of a power monitoring set using the calculated real used power, and a determination portion configured to determine, when the calculated cell voltage reaches a preset lower limit voltage value, whether each of the plurality battery cells fails using the power monitoring set and a cell voltage deviation.
Kim US 2022/0281349 - A low voltage cell detecting method and a battery management system includes a cell monitoring IC connected to respective ends of a plurality of battery cells and measuring a cell voltage and a battery current of the respective battery cells, and a main control circuit for calculating states of charge (SOCs) of the respective battery cells based on at least one of the measured cell voltages and the battery currents of the battery cells. The main control circuit compares a difference value between first SOCs of the battery cells calculated before a service of a vehicle terminates and second SOCs of the battery cells calculated when the service of the vehicle resumes to a predetermined discharging threshold value.
Yoon et al. US 2022/0221527 - An apparatus for diagnosing a battery cell according to an embodiment may include a voltage measurer that measures a voltage of each battery cell of a battery module in a state of an open circuit voltage of a battery, a memory that stores the measured voltage at predetermined time intervals, and an abnormality detector that compares a current measured voltage with a measured voltage before a preset time for each battery cell and determines that an abnormality has occurred in a first battery cell among the battery cells when a difference between the current measured voltage of the at least one battery cell and the measured voltage of the at least one battery cell before the preset time exceeds a reference value.
However, each of the references above neither individually nor in combination disclose or suggest each and every claimed limitation of the independent claims 1, 4, 8 and 11; therefore claims 1-16 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL J RIOS RUSSO whose telephone number is (571)270-3459. The examiner can normally be reached Monday-Friday: 10am-6pm, EST.
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/RAUL J RIOS RUSSO/Examiner, Art Unit 2858
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