DETAILED ACTION
Notice to Applicant
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 12-31 are pending.
Priority
3. 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. 18/033,246, filed on 04/21/2023.
Claim Rejections - Nonstatutory Double Patenting
4. 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.
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5. Claims 12-14, 17, and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
The following table summarizes the correspondence between limitations of claim 1 of U.S. Patent No. 12,210,069 and limitations of claim 12 of the present application.
Claim 1 of U.S. Patent No. 12,210,069
Claim 12 of Present Application
A battery state of health (SOH) estimating apparatus, comprising:
a SOH estimator configured to estimate a first SOH of a battery based on measured voltage and current of the battery;
a SOC change calculator configured to calculate a SOC change region and a SOC change amount of the battery based on the measured voltage;
a weight calculator configured to calculate a weight based on a SOC region factor calculated by comparing the SOC change region with a preset criterion SOC region, a SOC change amount factor based on the SOC change amount, and a temperature factor based on a measured temperature of the battery; and
a SOH corrector configured to correct the first SOH according to the calculated weight and a preset second SOH.
A battery system, comprising:
one or more processors; and a memory storing instructions that, when executed by the one or more processors, cause the one or more processors to:
estimate a first state of health (SOH) of a battery based on one or more measured values of the battery;
determine a state of charge (SOC) change region and a SOC change amount of the battery based on the one or more measured values;
determine a weight using a SOC region factor and a SOC change amount factor, wherein the SOC region factor is determined based on the SOC change region and a preset reference SOC region, wherein the SOC change amount factor is determined based on the SOC change amount; and
modify the first SOH according to the determined weight and a preset
second SOH.
Claim 1 of U.S. Patent No. 12,210,069 does not explicitly teach the apparatus comprising one or more processors and a memory storing instructions configured to be executed by the one or more processors. In contrast, Aoyama teaches a device for calculating the deterioration state of a battery comprising a controller 10 including a CPU and a memory (Fig. 1; ¶13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of claim 1 of U.S. Patent No. 12,210,069 such that it comprises one or more processors and a memory storing instructions configured to be executed by the one or more processors. One of ordinary skill would make such a modification for the purpose of executing instructions to correct a first deterioration state value (Aoyama; ¶13 and 39).
Claim 1 of U.S. Patent No. 12,210,069 states that the first SOH of the battery is estimated based on measured voltage and current of the battery. Therefore, claim 1 of U.S. Patent No. 12,210,069 teaches claim 13 of the present application.
Claim 1 of U.S. Patent No. 12,210,069 states that the weight is calculated based on a temperature factor based on a measured temperature of the battery, in addition to the SOC region factor and the SOC change amount factor. Therefore, claim 1 of U.S. Patent No. 12,210,069 teaches claim 14 of the present application.
Claim 1 of U.S. Patent No. 12,210,069 states that the SOC region factor is calculated by comparing the SOC change region with a preset criterion SOC region. Therefore, claim 1 of U.S. Patent No. 12,210,069 teaches claim 17 of the present application.
The following table summarizes the correspondence between limitations of claim 1 of U.S. Patent No. 12,210,069 and limitations of claim 31 of the present application.
Claim 1 of U.S. Patent No. 12,210,069
Claim 31 of Present Application
A battery state of health (SOH) estimating apparatus, comprising:
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a SOH estimator configured to estimate a first SOH of a battery based on measured voltage and current of the battery;
a SOC change calculator configured to calculate a SOC change region and a SOC change amount of the battery based on the measured voltage;
a weight calculator configured to calculate a weight based on a SOC region factor calculated by comparing the SOC change region with a preset criterion SOC region, a SOC change amount factor based on the SOC change amount, and a temperature factor based on a measured temperature of the battery; and
a SOH corrector configured to correct the first SOH according to the calculated weight and a preset second SOH.
A system, comprising:
a battery;
one or more processors; and a memory storing instructions that, when executed by the one or more processors, cause the one or more processors to:
estimate a first state of health (SOH) of the battery based on one or more measured values of the battery;
determine a state of charge (SOC) change region and a SOC change amount of the battery based on the one or more measured values;
determine a weight using a SOC region factor and a SOC change amount factor, wherein the SOC region factor is determined based on the SOC change region, wherein the SOC change amount factor is determined based on the SOC change amount; and
modify the first SOH according to the determined weight and a preset
second SOH.
Claim 1 of U.S. Patent No. 12,210,069 does not explicitly teach the apparatus comprising one or more processors and a memory storing instructions configured to be executed by the one or more processors. In contrast, Aoyama teaches a device for calculating the deterioration state of a battery comprising a controller 10 including a CPU and a memory (Fig. 1; ¶13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of claim 1 of U.S. Patent No. 12,210,069 such that it comprises one or more processors and a memory storing instructions configured to be executed by the one or more processors. One of ordinary skill would make such a modification for the purpose of executing instructions to correct a first deterioration state value (Aoyama; ¶13 and 39).
6. Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 6 of U.S. Patent No. 12,210,069 states that the weight calculator is further configured to calculate the weight by multiplying the SOC region factor, the SOC change amount factor, and the temperature factor. Therefore, claim 6 of U.S. Patent No. 12,210,069 teaches claim 16 of the present application.
7. Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 4 of U.S. Patent No. 12,210,069 states that the criterion SOC region includes a plurality of criterion SOC regions, and wherein the weight calculator is further configured to calculate the SOC region factor according to whether at least a part of the SOC change region is within each of the plurality of criterion SOC regions and the weight calculator is further configured to calculate a number of criterion SOC regions including at least a part of the SOC change region among the plurality of criterion SOC regions, and to calculate the SOC region factor according to the calculated number. Therefore, claim 4 of U.S. Patent No. 12,210,069 teaches claim 18 of the present application.
8. Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 5 of U.S. Patent No. 12,210,069 states that the weight calculator is further configured to calculate the SOC change amount factor to be proportional to the SOC change amount, and to calculate the temperature factor according to a preset temperature region including the measured temperature of the battery among a plurality of preset temperature regions. Therefore, claim 5 of U.S. Patent No. 12,210,069 teaches claim 20 of the present application.
9. Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 7 of U.S. Patent No. 12,210,069 states that the SOH corrector is further configured to correct the first SOH using the following equation: SOHMOD = (SOH1 × α) + (SOH2 × (1−α)), where SOHMOD is the corrected first SOH, SOH1 is the first SOH, SOH2 is the preset second SOH, and α is the weight that is 0 or more and 1 or less. Therefore, claim 7 of U.S. Patent No. 12,210,069 teaches claim 21 of the present application.
10. Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 8 of U.S. Patent No. 12,210,069 states that the SOH estimator is further configured to estimate the first SOH in a present cycle based on the voltage and current of the battery measured in the present cycle, and wherein the SOH corrector is further configured to correct the first SOH according to the weight and the preset second SOH preset prior to the present cycle. Therefore, claim 8 of U.S. Patent No. 12,210,069 teaches claim 22 of the present application.
11. Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,210,069 in view of Aoyama (US 2020/0247268).
Claim 9 of U.S. Patent No. 12,210,069 states that the preset second SOH is the first SOH corrected in a previous cycle prior to the present cycle. Therefore, claim 9 of U.S. Patent No. 12,210,069 teaches claim 23 of the present application.
12. Claims 24-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12,210,069. Although the claims at issue are not identical, they are not patentably distinct from each other.
The following table summarizes the correspondence between limitations of claim 11 of U.S. Patent No. 12,210,069 and limitations of claim 24 of the present application.
Claim 11 of U.S. Patent No. 12,210,069
Claim 24 of Present Application
A battery state of health (SOH) estimating method, comprising:
estimating a first SOH of a battery based on measured voltage and current of the battery;
calculating a SOC change region and a SOC change amount of the battery based on the measured voltage;
calculating a weight based on a SOC region factor calculated by comparing the SOC change region with a preset criterion SOC region, a SOC change amount factor based on the SOC change amount, and a temperature factor based on a measured temperature of the battery; and
correcting the first SOH according to the calculated weight and a preset second SOH.
A method comprising:
estimating a first state of health (SOH) of a battery based on one or more measured values of the battery;
determining a state of charge (SOC) change region and a SOC change amount of the battery based on the one or more measured values;
determining a weight using a SOC region factor and a SOC change amount
factor, wherein the SOC region factor is determined based on the SOC change region
and a preset reference SOC region, wherein the SOC change amount factor is
determined based on the SOC change amount; and
modifying the first SOH according to the determined weight and a preset second SOH.
Therefore, claim 11 of U.S. Patent No. 12,210,069 teaches claim 24 of the present application.
Claim 11 of U.S. Patent No. 12,210,069 states that the weight is calculated based on a temperature factor based on a measured temperature of the battery, in addition to the SOC region factor and the SOC change amount factor. Therefore, claim 11 of U.S. Patent No. 12,210,069 teaches claim 25 of the present application.
13. Claim 27 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,210,069.
Claim 14 of U.S. Patent No. 12,210,069 states that the criterion SOC region includes a plurality of criterion SOC regions, and wherein the calculating of the weight includes calculating the SOC region factor according to whether at least a part of the SOC change region is within each of the plurality of criterion SOC regions, wherein the calculating of the SOC region factor includes: calculating a number of criterion SOC regions including at least a part of the SOC change region among the plurality of criterion SOC regions; and calculating the SOC region factor according to the calculated number. Therefore, claim 14 of U.S. Patent No. 12,210,069 teaches claim 27 of the present application.
14. Claim 29 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12,210,069.
Claim 15 of U.S. Patent No. 12,210,069 states that the calculating of the weight includes: calculating the SOC change amount factor to be proportional to the SOC change amount; and calculating the temperature factor according to a preset temperature region including the measured temperature of the battery among a plurality of preset temperature regions. Therefore, claim 15 of U.S. Patent No. 12,210,069 teaches claim 29 of the present application.
15. Claim 30 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12,210,069.
Claim 17 of U.S. Patent No. 12,210,069 states that the correcting of the first SOH includes correcting the first SOH using the following equation: SOHMOD = (SOH1 × α) + (SOH2 × (1−α)), where SOHMOD is the corrected first SOH, SOH1 is the first SOH, SOH2 is the preset second SOH, and α is the weight that is greater than equal to 0 and less than or equal to 1. Therefore, claim 17 of U.S. Patent No. 12,210,069 teaches claim 30 of the present application.
Pertinent Prior Art
16. Aoyama – US 2020/0247268
This document discloses a device for calculating a deterioration state of a battery comprising a controller 10 that is configured to compute a first SOH after an elapse of a period of time, such as three months, and a second SOH corresponding to a time between battery ON states, such as one day if the vehicle is used once a day. The first SOH may be modified by a SOH correction amount that corresponds to a difference (ΔSOH) between the first SOH and the second SOH that is weighted according to a reliability. The reliability is calculated based on an estimated error of ΔSOC, which is used in determining the second SOH (Fig. 2; ¶21, 27, 29-39). However, this document is silent on determining a weight using a SOC region factor and a SOC change amount factor, as described in independent claims 12, 24, and 31 of the present application.
Claim Objections
17. Claim 20 is objected to due to the following informality.
Claim 20 does not terminate with a period.
18. Claims 15, 19, 26, and 28 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.
Per claim 15, the prior art of record is silent on the battery system according to claim 14, wherein the temperature factor is proportional to the measured temperature of the battery when the measured temperature is equal to greater than a first temperature and equal to less than a second temperature, wherein the second temperature is greater than the first temperature.
Per claim 19, the prior art of record is silent on the battery system according to claim 18, wherein the SOC region factor is proportional to the determined number of preset reference SOC regions.
Per claim 26, the prior art of record is silent on the method according to claim 25, wherein the temperature factor is proportional to the measured temperature of the battery when the measured temperature is equal to greater than a first temperature and equal to less than a second temperature, wherein the second temperature is greater than the first temperature.
Per claim 28, the prior art of record is silent on the method according to claim 27, wherein the SOC region factor is proportional to the determined number of preset reference SOC regions.
Conclusion
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAS A. SANGHERA whose telephone number is (571)272-4787. The examiner can normally be reached M-Th, alt. Fri, 8-5 EST.
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/JAS A SANGHERA/Primary Examiner, Art Unit 2852
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