DETAILED ACTION
Notice of Pre-AIA or AIA Status
YThe present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is a first office action for application Serial No. 19/191,005 filed on 04/28/2025. Claims 1-6 have been examined.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 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 pre-AIA the applicant regards as the invention.
Claim 1 recites: "A battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle, the battery system comprising:
a battery including battery cells;
a pressure element configured to apply a pressure to the battery cells;
a processor configured to perform a first drive control of the pressure element; and
a relay configured to open and close an electric power line between the battery and an electric device, wherein
the first drive control is configured to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure,
the processor is configured to receive data that indicates an open state or a close state of the relay, and
the processor is configured to perform the first drive control when the relay is in the open state."
This language is vague and indefinite for at least the following reasons:
Means-Plus-Function Language: The following claim limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
“a pressure element configured to apply a pressure to the battery cells”
“the first drive control is configured to perform … pressure”
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Intended Use: Alternatively, the underlined language of the claim as discussed above is further vague and indefinite as it is unclear whether the scope of this language is intended to affirmatively require specific performance or whether this language is deliberately articulated to be interpreted as an expression of intended use (as opposed to interpreted under 35 USC 112(f)).
Accordingly, this language does not serve to patentably distinguish the claimed structure over that of the reference. See In re Pearson, 181 USPQ 641; In re Yanush, 177 USPQ 705; In re Finsterwalder, 168 USPQ 530; In re Casey, 512 USPQ 235; In re Otto, 136 USPQ 458; Ex parte Masham, 2 USPQ 2nd 1647.
Generally Unclear: The expression “the first drive control is configured to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure,” as used in the claim is vague and indefinite and leaves the reader in doubt as to the meaning of the technical features to which it refers, thereby rendering the definition and scope of the subject-matter of said claim unclear. Namely, it is unclear whether the drive control controls the pressure element so as to increase pressure, decrease pressure, increase and decrease pressure, or increase pressure or decrease pressure. Moreover, the means by which the pressure element is controlled is unclear. Namely, it is unclear what is meant by the language “in an order of the driving” and “in an order opposite to the order of the driving.” Accordingly, the relationship between “the driving” or “an order of the driving” and the “amount of application of the pressure” is unclear.
Although the following language does not necessarily cure the issues discussed above, for purposes of examination under 35 USC 102 and 103, Examiner will interpret this language as reading:
"A battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle, the battery system comprising:
a battery including battery cells;
a pressure element [intended to apply a pressure to the battery cells];
a processor configured to perform a first drive control of the pressure element; and
a relay configured to open and close an electric power line between the battery and an electric device, wherein
the first drive control is [intended to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure],
the processor is configured to receive data that indicates an open state or a close state of the relay, and
the processor is configured to perform the first drive control when the relay is in the open state."
Claims 3-4 and 6 are further rejected as depending on this claim.
Claim 2 recites: "A battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle, the battery system comprising:
a battery including battery cells;
a pressure element configured to apply a pressure to the battery cells; and
a processor configured to perform a first drive control of the pressure element, wherein the first drive control is configured to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, and
the processor is configured to change a pattern of application of the pressure by the first drive control, based on one or more of a temperature of the battery, a voltage of the battery, and a state of charge of the battery that are upon starting of the first drive control."
This language is also rejected as vague and indefinite for the same reasons discussed in the rejection of claim 1 above.
Although the following language does not necessarily cure the issues discussed above, for purposes of examination under 35 USC 102 and 103, Examiner will interpret this language as reading:
"A battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle, the battery system comprising:
a battery including battery cells;
a pressure element [intended to apply a pressure to the battery cells]; and
a processor configured to perform a first drive control of the pressure element, wherein the first drive control is [intended to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure], and
the processor is configured to change a pattern of application of the pressure by the first drive control, based on one or more of a temperature of the battery, a voltage of the battery, and a state of charge of the battery that are upon starting of the first drive control."
Claim 5 is further rejected as depending on this claim.
Claim Rejections - 35 USC § 102
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 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasuya (JP 2021-034305A. For purposes of this examination, Examiner will refer to the English language translation of this reference provided with this Office Action).
Regarding claim 2, Kasuya discloses a battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle (see e.g. at least Abstract, Fig. 1, and related text), the battery system comprising:
a battery including battery cells (e.g. at least battery system 11, secondary battery 13, see e.g. at least ¶ 38, Fig. 1-2, and related text);
a pressure element [intended to apply a pressure to the battery cells] (e.g. at least pressurization mechanism 17, id.); and
a processor configured to perform a first drive control of the pressure element (e.g. at least control unit 20, id.), wherein the first drive control is [intended to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure] (see e.g. at least ¶ 19, 28, Fig. 1-2, and related text, controlling the pressurization mechanism 17 via the drive motor 36 to increase/decrease pressure on the battery according to, inter alia, the acceleration of the moving body 12), and
the processor is configured to change a pattern of application of the pressure by the first drive control, based on one or more of a temperature of the battery, a voltage of the battery, and a state of charge of the battery that are upon starting of the first drive control (see e.g. at least ¶ 20, 29, Fig. 1-2, and related text).
Regarding claim 5, Kasuya discloses that the battery cells are disposed side by side (see e.g. at least Fig. 1-2, and related text), and
the pressure element is disposed between a first battery cell and a second battery cell that are adjacent to each other of the battery cells (see e.g. at least Fig. 1-2, and related text).
Claim Rejections - 35 USC § 103
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 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kasuya (JP 2021-034305 A) in view of Nishide (JP 2012-089446 A. For purposes of this examination, Examiner will refer to the English language translation of this reference provided with this Office Action).
Regarding claim 1, Kasuya discloses a battery system to be mounted on an electric vehicle and configured to supply electric power usable for traveling of the electric vehicle (see e.g. at least Abstract, Fig. 1, and related text), the battery system comprising:
a battery including battery cells (e.g. at least battery system 11, secondary battery 13, see e.g. at least ¶ 38, Fig. 1-2, and related text);
a pressure element [intended to apply a pressure to the battery cells] (e.g. at least pressurization mechanism 17, id.);
a processor configured to perform a first drive control of the pressure element (e.g. at least control unit 20, id.); and
a circuit configured to connect an electric power line between the battery and an electric device (see e.g. at least Fig. 1, and related text), wherein
the first drive control is [intended to perform one set or multiple sets of driving that increases an amount of application of the pressure by the pressure element and driving that decreases the amount of application of the pressure by the pressure element, in an order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure, or in an order opposite to the order of the driving that increases the amount of application of the pressure and the driving that decreases the amount of application of the pressure] (see e.g. at least ¶ 19, 28, Fig. 1-2, and related text, controlling the pressurization mechanism 17 via the drive motor 36 to increase/decrease pressure on the battery according to, inter alia, the acceleration of the moving body 12).
Additionally, Nishide teaches limitations not expressly disclosed by Kasuya including namely: a relay configured to open and close an electric power line between a battery and an electric device (e.g. at least switch 200, see e.g. at least ¶ 40-47, Fig. 3, 7, and related text), wherein
a processor is configured to receive data that indicates an open state or a close state of the relay (id.), and
the processor is configured to perform the first drive control when the relay is in the open state (id.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Kasuya by configuring a relay to open and close [an electric power line between the battery and an electric device], wherein the processor is configured to receive data that indicates an open state or a close state of the relay, and the processor is configured to perform the first drive control when the relay is in the open state as taught by Nishide in order to prevent decomposition of electrolytic solution while maintaining the output during use of a vehicle battery (Nishide: Abstract).
Regarding claim 3, Modified Kasuya teaches a current sensor configured to measure a current of the battery (Kasuya: e.g. at least current sensor 19, see e.g. at least ¶ 38, Fig. 1-2, and related text),
wherein the processor is configured to perform the first drive control when:
the relay is in the open state (Kasuya: see e.g. at least ¶ 40-47, Fig. 3, 7, and related text); and
a value of the current measured by the current sensor is equal to or less than a threshold (Kasuya: see e.g. at least ¶ 19; Nishide: see e.g. at least ¶ 43).
Regarding claim 4, Modified Kasuya teaches that the battery cells are disposed side by side (Kasuya: see e.g. at least Fig. 1-2, and related text; Nishide: see e.g. at least Fig. 1, and related text), and
the pressure element is disposed between a first battery cell and a second battery cell that are adjacent to each other of the battery cells (Kasuya: see e.g. at least Fig. 1-2, and related text; Nishide: see e.g. at least Fig. 1, and related text).
Regarding claim 6, Modified Kasuya teaches that the processor is configured to change the pattern of application of the pressure by the first drive control, based on state data of the battery (see e.g. at least ¶ 20, 29, Fig. 1-2, and related text).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES J HAN whose telephone number is (571)270-3980. The examiner can normally be reached on M-Th and every other F (7:30 AM - 5 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christian Chace can be reached on 571-272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES J HAN/Primary Examiner, Art Unit 3662
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