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 11-30 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. 18/030,650, filed on 04/06/2023.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
5. Claims 17-19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Per claim 17, the limitation “the connected portion” in line 3 lacks sufficient antecedent basis. Appropriate correction is required. For the purpose of examination, said limitation is interpreted as implying “a connected portion.” Claims 18-19 are consequently rejected due to their dependence on claim 17.
Claim Rejections - Nonstatutory Double Patenting
6. 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.
7. Claims 11 and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,228,617. 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 8 of U.S. Patent No. 12,228,617 and limitations of claim 11 of the present application.
Claim 8 of U.S. Patent No. 12,228,617
Claim 11 of Present Application
A battery pack diagnosis method comprising:
a battery pack manufacturing process of manufacturing a battery pack by bonding-connecting a battery cell and a wire;
a battery cell charging and discharging process of charging and discharging the battery cell through the wire;
[AltContent: ]a battery pack thermal image photographing process of photographing a thermal image of the battery pack; a thermal image reading process of reading a bonding state of a bonded portion of the battery cell and the wire from photographed thermal image data of the thermal image;
[AltContent: ]a battery pack magnetic field image photographing process of photographing a magnetic field image of the battery pack; a magnetic field image reading process of reading the bonding state of the bonded portion of the battery cell and the wire from photographed magnetic field image data of the magnetic field image; and
a wire bonding state defect determining process of finally determining the bonding state of the battery cell and the wire by combining thermal image reading result information obtained in the thermal image reading process and magnetic field image reading result information obtained in the magnetic field image reading process;
wherein while the battery cell charging and discharging process is performed, the battery pack thermal image photographing process and the battery pack magnetic field image photographing process are simultaneously performed.
A battery pack diagnosis method comprising:
connecting a battery cell and a wire of a battery pack;
at least one of charging and discharging the battery cell through the wire;
obtaining a thermal image of the battery pack at a location where the battery cell and the wire are connected during the at least one of charging and discharging of the battery cell;
obtaining a magnetic field image of the battery pack at the location where the battery cell and the wire are connected during the at least one of charging and discharging of the battery cell; and
determining a state of connection of the battery cell and the wire by combining a thermal image reading result information obtained from a thermal image data of the thermal image and a magnetic field image reading result information obtained from a magnetic field data of the magnetic field image.
[AltContent: ]
Therefore, the method of claim 8 of U.S. Patent No. 12,228,617 teaches the method of claim 11 of the present application. Furthermore, the method of claim 8 of U.S. Patent No. 12,228,617 teaches the method of independent claim 27 of the present application, which substantially includes the subject matter of claim 11 of the present application.
8. Claims 13, 16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,228,617. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 8 of U.S. Patent No. 12,228,617 describes a thermal image reading process of reading a bonding state of a bonded portion of the battery cell and the wire from photographed thermal image data of the thermal image. Therefore, claim 8 of U.S. Patent No. 12,228,617 teaches claim 13 of the present application.
Claim 8 of U.S. Patent No. 12,228,617 describes a magnetic field image reading process of reading the bonding state of the bonded portion of the battery cell and the wire from photographed magnetic field image data of the magnetic field image. Therefore, claim 8 of U.S. Patent No. 12,228,617 teaches claim 16 of the present application.
Claim 8 of U.S. Patent No. 12,228,617 states that, while the battery cell charging and discharging process is performed, the battery pack thermal image photographing process and the battery pack magnetic field image photographing process are simultaneously performed. Therefore, claim 8 of U.S. Patent No. 12,228,617 teaches claim 20 of the present application.
9. Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,228,617. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 9 of U.S. Patent No. 12,228,617 is directed to the battery pack diagnosis method of claim 1 and states that, while the battery cell charging and discharging process is performed, the battery pack thermal image photographing process and the battery pack magnetic field image photographing process are performed in a predetermined order with a predetermined time difference. Therefore, claim 9 of U.S. Patent No. 12,228,617 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. 12,228,617 in view of Coates et al. (US 6,462,551 – hereinafter “Coates”).
Claim 8 of U.S. Patent No. 12,228,617 does not explicitly teach a battery pack upon which the battery pack diagnosis method is performed, the battery pack comprising: the battery cell; and the wire connected to the battery cell.
In contrast, Coates teaches a method to ensure full functionality of a battery pack during assembly using thermal imaging wherein, after individual battery modules are combined into sections, such as for a high voltage battery pack to power a traction motor for an electric vehicle, a power discharge test using thermal imaging is conducted on each section before combined to form the battery pack. Any loose or faulty connections based on the additional heat generated are detected at the site and allow them to be fixed during assembly (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 8 of U.S. Patent No. 12,228,617 such that a battery pack is provided upon which the battery pack diagnosis method is performed. One of ordinary skill would make such a modification for the purpose of identifying loose or faulty connections during battery pack assembly (Coates; Abstract).
11. Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,228,617 in view of Roth et al. (US 2024/0003982 – hereinafter “Roth”).
The following table summarizes the correspondence between limitations of claim 1 of U.S. Patent No. 12,228,617 and limitations of claim 23 of the present application.
Claim 1 of U.S. Patent No. 12,228,617
Claim 23 of Present Application
A battery pack diagnosis method comprising:
a battery pack manufacturing process of manufacturing a battery pack by bonding-connecting a battery cell and a wire;
a battery cell charging and discharging process of charging and discharging the battery cell through the wire;
a battery pack thermal image photographing process of photographing a thermal image of the battery pack; a thermal image reading process of reading a bonding state of a bonded portion of the battery cell and the wire from photographed thermal image data of the thermal image;
a battery pack magnetic field image photographing process of photographing a magnetic field image of the battery pack; a magnetic field image reading process of reading the bonding state of the bonded portion of the battery cell and the wire from photographed magnetic field image data of the magnetic field image; and
a wire bonding state defect determining process of finally determining the bonding state of the battery cell and the wire by combining thermal image reading result information obtained in the thermal image reading process and magnetic field image reading result information obtained in the magnetic field image reading process.
A battery pack diagnosis system comprising:
a battery pack including a plurality of battery cells,
a battery cell holder to accommodate
the plurality of battery cells,
a battery pack housing to accommodate the battery cell holder, a bus bar on the plurality of battery cells, and a plurality of wires to connect the bus bar to the plurality of battery cells, respectively;
a charge and discharge unit electrically connected to input and output terminals of the battery pack;
a thermal image photographing unit configured to obtain a thermal image of the battery pack;
a magnetic field image photographing unit configured to obtain a magnetic field image of
the battery pack; and
a diagnosis unit configured to determine whether a connection state is defective between a battery cell, among the plurality of battery cells, and a wire, among the plurality of wires, based on the thermal image and the magnetic field image.
Claim 1 of U.S. Patent No. 12,228,617 does not explicitly teach a battery pack including a plurality of battery cells, a battery cell holder to accommodate the plurality of battery cells, and a battery pack housing to accommodate the battery cell holder, a bus bar on the plurality of battery cells, and a plurality of wires to connect the bus bar to the plurality of battery cells, respectively, as described in claim 23 of the present application.
In contrast, Roth teaches a battery module 1 comprising a number of cylindrical cells 2. A lower array 3 and an upper array 4 are configured to hold the cells 2. Busbars 5 are positioned on the upper array 4 and electrically connect the cells 2 in series via bonded connectors 6 (Figs. 1 and 2a; ¶23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 12,228,617 such that the battery pack including a plurality of battery cells, a battery cell holder to accommodate the plurality of battery cells, and a battery pack housing to accommodate the battery cell holder, a bus bar on the plurality of battery cells, and a plurality of wires to connect the bus bar to the plurality of battery cells, respectively. One of ordinary skill would make such a modification for the purpose of providing a battery module having cells connected in series (Roth; ¶23).
12. Claim 24 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,228,617 in view of Roth.
Claim 6 of U.S. Patent No. 12,228,617 is directed to the battery pack diagnosis method of claim 5, wherein the wire bonding state defect determining process finally determines the bonding state of the bonded portion of the battery cell and the wire as one state selected from a normal connection state, an abnormal connection state, and an abnormal broken state by comparing the thermal image reading result information with the magnetic field image reading result information. Therefore, claim 6 of U.S. Patent No. 12,228,617 in view of Roth teaches claim 24 of the present application.
13. Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,228,617 in view of Roth.
Claim 3 of U.S. Patent No. 12,228,617 is directed to the battery pack diagnosis method of claim 1, wherein the battery pack thermal image photographing process generates the photographed thermal image by photographing a predetermined plane on which the wire is positioned, and wherein the photographed thermal image has a predetermined pixel size less than at least one of a thickness of the wire and a size of a bonded portion of the wire; wherein the battery pack magnetic field image photographing process generates the magnetic field image by photographing the same predetermined plane as that photographed to obtain the photographed thermal image, and wherein the photographed magnetic field image has a predetermined pixel size determined in correspondence to that of the photographed thermal image. Therefore, claim 3 of U.S. Patent No. 12,228,617 in view of Roth teaches claim 26 of the present application.
Claim Objections
14. In light of the rejections to claim 11, 13, 16-24, and 26-27, claims 12, 14-15, 25, and 28-30 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.
Pertinent Prior Art
15. Coates et al. (US 6,462,551)
This document discloses a method for ensuring full functionality of a battery pack assembly using thermal imaging wherein thermal images of the battery pack are examined to determine whether any connections are loose or faulty (Abstract). However, this document is silent on determining a state of connection of a battery cell and a wire using thermal image data and magnetic field data, as detailed by independent claim 11, 23, and 27 of the present application.
16. Mima et al. (US 2022/0349943)
This document discloses a storage battery inspection device comprising an imaging device configured to generate an image that shows a magnetic field component near the surface of a storage battery (¶152). However, this document is silent on determining a state of connection of a battery cell and a wire using thermal image data and magnetic field data, as detailed by independent claim 11, 23, and 27 of the present application.
Conclusion
17. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WALTER LINDSAY can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAS A SANGHERA/Primary Examiner, Art Unit 2852
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