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 1-10 and 13-22 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. 18/005,272, filed on 01/12/2023.
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 10 and 13 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 10, the limitation “adjusted counting value” lacks sufficient antecedent basis. Claim 10 is dependent on claim 1, but a description for an “adjusted counting value” is provided in claim 6. Appropriate correction is required. Claim 13 is consequently rejected due to its dependence on claim 10.
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 1 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,253,572 in view of Fischer et al. (U.S. Patent Application Publication 2018/0372805 – hereinafter “Fischer”).
The following table summarizes the correspondence between limitations of claim 1 of U.S. Patent No. 12,253,572 and limitations of claim 1 of the present application.
Claim 1 of U.S. Patent No. 12,253,572
Claim 1 of the Present Application
A battery diagnosing apparatus, comprising:
a voltage sensor configured to measure a voltage of each of a plurality of battery cells included in a battery module at each voltage measurement cycle of a plurality of diagnosis cycles, wherein each diagnosis cycle includes a respective plurality of voltage measurement cycles that do not overlap with the respective plurality of voltage measurement cycles of the other diagnosis cycles of the plurality of diagnosis cycles;
a controller; and
memory having instructions stored thereon and configured to cause the controller to:
at each respective voltage measurement cycle, obtain measured voltages of the plurality of battery cells from the voltage sensor;
at each respective diagnosis cycle, calculate a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculate a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnose the battery module based on one or more calculated voltage change rates and a preset threshold change rate.
A battery cell diagnosing apparatus, comprising:
a controller; and
memory having instructions stored thereon and configured to cause the controller to:
obtain a voltage measurement of a battery cell at each respective voltage measurement cycle of a diagnosis cycle included among a plurality of diagnosis cycles, wherein each diagnosis cycle of the plurality of diagnosis cycles includes a plurality of voltage measurement cycles
at each respective diagnosis cycle, calculate a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculate a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnose the battery cell based on one or more calculated voltage change rates and a preset threshold change rate.
However, claim 1 of U.S. Patent No. 12,253,572 does not teach diagnosing a battery cell based on the one or more calculated voltage change rates and a preset threshold change rate.
In contrast, Fischer teaches a method for detecting an early battery depletion condition wherein a rate of change in a battery cell voltage over time may be utilized to initiate an early depletion condition (¶86).
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. 12,253,572 such that a battery cell is diagnosed based on the one or more calculated voltage change rates and a preset threshold change rate. One of ordinary skill would make such a modification for the purpose of using a voltage change rate to detect an impending battery cell failure (Fischer; ¶86).
Per claim 14, claim 1 of U.S. Patent No. 12,253,572 teaches a voltage sensor configured to measure the voltage of a battery cell. Therefore, claim 1 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 14 of the present application.
8. Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,253,572 in view of Fischer.
Claim 2 of U.S. Patent No. 12,253,572 is directed to the battery diagnosing apparatus according to claim 1, wherein the instructions are configured to cause the controller to: compare a magnitude of the voltage change rate calculated at a current diagnosis cycle and a magnitude of the threshold change rate; and determine a state of the battery module based on the comparison. Therefore, claim 2 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 2 of the present application.
9. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,253,572 in view of Fischer.
Claim 3 of U.S. Patent No. 12,253,572 is directed to the battery diagnosing apparatus according to claim 1, wherein the instructions are configured to cause the controller to, for each respective diagnosis cycle, calculate the voltage change amount of the respective diagnosis cycle by computing a standard deviation or dispersion of the plurality of measured voltage values of the respective diagnosis cycle. Therefore, claim 3 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 9 of the present application.
10. Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,253,572 in view of Fischer.
Claim 5 of U.S. Patent No. 12,253,572 is directed a battery pack, comprising the battery diagnosing apparatus according to claim 1. Therefore, claim 5 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 15 of the present application.
11. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,253,572 in view of Fischer.
The following table summarizes the correspondence between limitations of claim 6 of U.S. Patent No. 12,253,572 and limitations of claim 1 of the present application.
Claim 6 of U.S. Patent No. 12,253,572
Claim 1 of the Present Application
A battery diagnosing apparatus, comprising:
a voltage sensor configured to measure a voltage of each of a plurality of battery cells included in a battery module at each voltage measurement cycle of a plurality of diagnosis cycles, wherein each diagnosis cycle includes a respective plurality of voltage measurement cycles that do not overlap with the respective plurality of voltage measurement cycles of the other diagnosis cycles of the plurality of diagnosis cycles;
a controller; and
memory having instructions stored thereon and configured to cause the controller to:
at each respective voltage measurement cycle, obtain measured voltages of the plurality of battery cells from the voltage sensor;
at each respective diagnosis cycle, calculate a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculate a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnose the battery module based on one or more calculated voltage change rates and a preset threshold change rate
wherein the instructions are configured to cause the controller to:
compare a magnitude of the voltage change rate calculated at a current diagnosis cycle and a magnitude of the threshold change rate; and
determine a state of the battery module based on the comparison; and
wherein the instructions are configured to cause the controller to, at a current diagnosis cycle:
determine the state of the battery module based on a reference change rate preset at a previous diagnosis cycle and the voltage change rate of the current diagnosis cycle in response to the voltage change rate of the current diagnosis cycle being equal to or greater than the threshold change rate; and
determine that the battery module is normal in response to the voltage change rate of the current diagnosis cycle being less than the threshold change rate.
A battery cell diagnosing apparatus, comprising:
a controller; and
memory having instructions stored thereon and configured to cause the controller to:
obtain a voltage measurement of a battery cell at each respective voltage measurement cycle of a diagnosis cycle included among a plurality of diagnosis cycles, wherein each diagnosis cycle of the plurality of diagnosis cycles includes a plurality of voltage measurement cycles
at each respective diagnosis cycle, calculate a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculate a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis
cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnose the battery cell based on one or more calculated voltage change rates and a preset threshold change rate
However, claim 6 of U.S. Patent No. 12,253,572 does not teach diagnosing a battery cell based on the one or more calculated voltage change rates and a preset threshold change rate.
In contrast, Fischer teaches a method for detecting an early battery depletion condition wherein a rate of change in a battery cell voltage over time may be utilized to initiate an early depletion condition (¶86).
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 6 of U.S. Patent No. 12,253,572 such that a battery cell is diagnosed based on the one or more calculated voltage change rates and a preset threshold change rate. One of ordinary skill would make such a modification for the purpose of using a voltage change rate to detect an impending battery cell failure (Fischer; ¶86).
Per claim 2, claim 6 of U.S. Patent No. 12,253,572 describes comparing a magnitude of the voltage change rate calculated at a current diagnosis cycle and a magnitude of the threshold change rate; and determining a state of the battery module based on the comparison. Therefore, claim 6 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 2 of the present application.
Per claim 3, claim 6 of U.S. Patent No. 12,253,572 describes determining the state of the battery module based on a reference change rate preset at a previous diagnosis cycle and the voltage change rate of the current diagnosis cycle in response to the voltage change rate of the current diagnosis cycle being equal to or greater than the threshold change rate; and determining that the battery module is normal in response to the voltage change rate of the current diagnosis cycle being less than the threshold change rate. Therefore, claim 6 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 3 of the present application.
12. Claims 4-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-11, respectively, of U.S. Patent No. 12,253,572 in view of Fischer.
Dependent claims 7-11 of U.S. Patent No. 12,253,572 correspond to dependent claims 4-8, respectively, of the present application. Therefore, claims 7-11 of U.S. Patent No. 12,253,572 in view of Fischer teach claims 4-8, respectively, of the present application.
13. Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,253,572 in view of Fischer.
The following table summarizes the correspondence between limitations of claim 12 of U.S. Patent No. 12,253,572 and limitations of claim 16 of the present application.
Claim 12 of U.S. Patent No. 12,253,572
Claim 16 of the Present Application
A battery diagnosing method, comprising:
measuring, by a voltage sensor, a voltage of each of a plurality of battery cells included in a battery module at each voltage measurement cycle of a plurality of diagnosis cycles, wherein each diagnosis cycle includes a respective plurality of voltage measurement cycles that do not overlap with the respective plurality of voltage measurement cycles of the other diagnosis cycles of the plurality of diagnosis cycles;
at each respective voltage measurement cycle, obtaining, by a controller, measured voltages of the plurality of battery cells from the voltage sensor;
at each respective diagnosis cycle, calculating, by a controller, a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculating, by the controller, a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnosing, by the controller, the battery module based on one or more calculated voltage change rates and a preset threshold change rate.
A battery cell diagnosing method, comprising:
obtaining a voltage measurement of a battery cell at each respective voltage measurement
cycle of a diagnosis cycle included among a plurality of diagnosis cycles, wherein each diagnosis cycle of the plurality of diagnosis cycles includes a plurality of voltage measurement cycles;
at each respective diagnosis cycle, calculating a voltage change amount based on the measured voltages of the plurality of voltage measurement cycles of the respective diagnosis cycle;
at each respective diagnosis cycle, calculating a voltage change rate indicating a difference between a first calculated voltage change amount of the respective diagnosis cycle and a last calculated voltage change amount of the respective diagnosis cycle; and
diagnosing the battery cell based on one or more calculated voltage change rates and a preset threshold change rate.
However, claim 12 of U.S. Patent No. 12,253,572 does not teach diagnosing a battery cell based on the one or more calculated voltage change rates and a preset threshold change rate.
In contrast, Fischer teaches a method for detecting an early battery depletion condition wherein a rate of change in a battery cell voltage over time may be utilized to initiate an early depletion condition (¶86).
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 12 of U.S. Patent No. 12,253,572 such that a battery cell is diagnosed based on the one or more calculated voltage change rates and a preset threshold change rate. One of ordinary skill would make such a modification for the purpose of using a voltage change rate to detect an impending battery cell failure (Fischer; ¶86).
14. Claims 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,253,572 in view of Fischer.
Claim 6 of U.S. Patent No. 12,253,572 describes the steps recited in claims 16-18 of the present application. Therefore, claim 6 of U.S. Patent No. 12,253,572 in view of Fischer teaches claim 16-18, respectively, of the present application.
15. Claims 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-10, respectively, of U.S. Patent No. 12,253,572 in view of Fischer.
Dependent claims 8-10 of U.S. Patent No. 12,253,572 describe the subject matter described in dependent claims 19-21, respectively, of the present application. Therefore, claims 8-10 of U.S. Patent No. 12,253,572 in view of Fischer teach claims 19-21, respectively, of the present application.
Claim Objections
16. Claim 10 is objected to due to the following informality.
Per claim 10, the phrase “and and” should be revised to “and.”
17. Claim 22 is 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 22, the prior art of record is silent on the battery cell diagnosing method according to claim 20, wherein the battery cell is included in a battery module including a plurality of battery cells, and wherein the method further comprises individually diagnosing each respective battery cell of the plurality of battery cells based on the measured voltage values and adjusted counting value corresponding to the respective battery cell.
Conclusion
18. 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
