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 .
Election/Restrictions
Applicant’s election without traverse of Embodiments A1, B4, and C1 corresponding to Claims 1-8 in the reply filed on 2/11/2026 is acknowledged. Claim 9-13 is directed to the non-elected tray embodiment noting that the master/slave configuration is only disclosed as integrated into the battery packs of the embodiment of FIGURE 11 (see [0021] and [0060]). The disclosure does not support a master/slave configuration with master/slave control circuitry integrated into the tray.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No.’s:
18/128,548;
17/387,337;
16/323,408;
62/501,302;
62/420,614; and
62/373,018.
fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Particularly, the above applications fails to provide support for a master/slave BMS system comprising any of either or both of said mater or slave BMS external (emphasis added) and/or discrete from the respective batter pack. As disclosed in the above applications (See FIGURE 11), each respective battery pack comprises respective battery management circuit.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
A battery management system (BMS) (not labeled) and specifically a BMS separate from the claimed removable battery packs.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Disclosure of a battery management system (BMS) and specifically a BMS separate from the claimed removable battery packs.
Claim Rejections - 35 USC § 112
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1
The claim purports to discretely claim “a plurality of battery packs removably coupled to the riding lawn mower…” and “a battery management system configured to control a plurality of switching elements associated with the plurality of battery packs.” This does not commensurate with the scope of the disclosure which teaches that the “BMS” as claimed is actually internal (emphasis added) to each of the plurality of battery packs and more specifically, a single master battery pack (50, FIGURE 11) that controls a plurality of slave battery packs (52, FIGURE 11). Figure 11 provided below for reference:
PNG
media_image1.png
418
348
media_image1.png
Greyscale
As shown above in FIGURE 11 and as disclosed in the specification, “one of the battery packs 50 (emphasis added) would be designated as the ‘master’ and the remaining battery packs would operate as ‘slaves’. The battery packs would communicate with each other through the battery trays or direct connections and each battery pack would include the required switching elements such that the master battery pack would control the charging and discharging of the battery packs.” (See Specification @ [0060]).
The disclosure teaches that each of the battery packs comprises the “BMS” circuitry. The tray is disclosed as comprising means for communication at best however there is no disclosure of the tray comprising “BMS” nor BMS circuitry separate and discrete from the respective battery packs.
Regarding Claim 8
Similar to claim 1 above, Claim 8 purports to discretely claim “a plurality of battery packs” and “a battery management system” however as noted above any and all “battery management system” is internal to a respective master/salve battery pack and therefore a claim that references the battery pack and BMS discreetly does not commensurate in scope with the disclosure. It is noted that claim 8 does recite the BMS comprises a master BMS internal to the master battery pack however fails to further disclose the slave battery management system internal to the slave battery pack. This compounded by the way the claim discretely claims the “a plurality of battery packs removably;” (sic) and then proceeds to claim “a battery management system configured to…” is confusing and misleading since each respective battery pack comprises the respective BMS (see 112 rejection of Claim 1 above with emphasis on FIGURE 11 and the scope of the disclosure).
Regarding Claims 8 and 9
The claim limitation “a plurality of battery packs removably;” is grammatically incomplete and fails to set forth what said battery packs are “removably” from. Claim 9 recites “the riding lawn mower” however “a riding lawn mower is not recited”. Claim 8 will be made complete in light of Claim 9 and correcting the antecedent basis of claim 9, “a riding lawn mower”.
The claims will be examined as best understood as disclosed wherein each respective battery pack comprises the respective master/slave BMS circuitry.
Allowable Subject Matter
Claims 1-8 would be allowed if re-written as provided below to overcome the 112 rejections.
1. A riding lawn mower comprising:
a pair of rear drive wheels; a pair of front wheels;
a deck positioned between the pair of front wheels and the pair of rear drive wheels;
a rotatable cutting blade;
a plurality of battery packs removably coupled to the riding lawn mower and structured to provide power to the riding lawn mower, each battery pack graspable and removable by a user; and
one of the plurality of battery packs designated as the master battery pack comprising a battery management system said battery management system comprising a controller configured to control the remaining other plurality of battery packs designated as slave battery packs, said slave battery packs comprising respective slave battery management systems;
[a] the battery management system configured to control a plurality of switching elements [associated with] within the plurality of battery packs, wherein the plurality of switching elements are configured to control a current flow from each of the plurality of battery packs, wherein the battery management system is further configured to issue control commands to [a] the plurality of slave battery management systems, and wherein each of the plurality of slave battery management systems is configured to internally control operation of one of the plurality of battery packs.
8. A scalable power unit operable to power a riding [vehicle] lawn mower, comprising:
a plurality of battery packs removably attached to said riding lawn mower;
a plurality of switching elements, each operable to control a current flow from each of the plurality of battery packs;
one of said plurality of battery packs designated as a master battery pack comprising a master battery management system configured to control a plurality of switching elements [associated with] within the remaining [the] plurality of battery packs, said remaining plurality of battery packs designated as slave battery packs, said slave battery packs comprising respective slave battery management systems, [wherein the battery management system comprises a] said master battery management system arranged internal to [one of the plurality of battery packs] the master battery pack and configured to issue control commands to [a] the plurality of slave battery management systems, and wherein each of the plurality of slave battery management systems is configured to internally control operation of one of the respective plurality of slave battery packs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CAVALLARI whose telephone number is (571)272-8541. The examiner can normally be reached Mon-Fri 0900-18:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached at (571)272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836
Prosecution Insights