DETAILED ACTION
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 .
Status of Claims
This Office Action is in response to the application filed on June 11, 2025. Claims 1-20 are pending. Claims 1, 8 and 15 are independent.
Double Patenting
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2, 3, 6 and 7 of copending Application No. 17/193,358 (now U.S. Patent No. 12,036,888). Although the conflicting claims are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step would be within the level of one of ordinary skill in the art.
It is well settled that the omission of an element/limitation, e.g. “electrolyte” and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Present application 19/235,431
Co-pending Application 17/193,358
now U.S. Patent No. 12,036,888
Claim 1:
an electrical component; and
a battery system, comprising:
a battery configured to provide power to the electrical component; and
processing circuitry configured to: determine an amount of liquid present in the battery based on an evolution rate of the liquid of the battery; and
operate a display screen to notify a user in response to the amount of liquid decreasing below a threshold.
Claim 1:
a plurality of electrical components;
a battery monitoring system comprising:
a plurality of batteries configured to provide the power consumed by the plurality of electrical components;
Claim 2:
determine an amount of electrolyte present in the plurality of batteries based on a Hydrogen evolution rate of the plurality of batteries;
Claim 1:
operate a display screen to notify an operator regarding the overall state of charge of the plurality of batteries.
Claim 2:
wherein the processing circuitry is configured to determine the amount of liquid present in the battery based on a previous calculation of the amount of liquid present at a previous time and based on an amount of time elapsed since the previous time.
Claim 2:
determine an amount of electrolyte present in the plurality of batteries based on a Hydrogen evolution rate of the plurality of batteries.
Claim 7:
wherein the controller is further configured to determine a battery fluid level and a percent of fluid remaining in the plurality of batteries relative to a maximum level
Claim 3:
wherein the processing circuitry is wirelessly communicably coupled with a user device and is configured to generate a report for the user device, the report comprising the amount of liquid present in the battery.
Claim 3:
wherein the controller is wirelessly communicably coupled with a user device and is configured to generate a report for the user device, the report comprising the overall state of charge of the plurality of batteries.
Claim 4:
wherein the processing circuitry is further configured to determine a percent of liquid remaining in the battery relative to a maximum level based on the amount of liquid present in the battery.
Claim 7:
wherein the controller is further configured to determine a battery fluid level and a percent of fluid remaining in the plurality of batteries relative to a maximum level.
Claim 5:
wherein the evolution rate of the liquid is a predetermined value.
.
Claim 2:
determine an amount of electrolyte present in the plurality of batteries based on a Hydrogen evolution rate of the plurality of batteries.
Claim 6:
wherein the processing circuitry is configured to determine the evolution rate of the liquid based on an evolution rate of a Hydrogen gas.
Claim 2:
determine an amount of electrolyte present in the plurality of batteries based on a Hydrogen evolution rate of the plurality of batteries
Claim 7:
wherein the processing circuitry is configured to determine the evolution rate of the liquid based on the evolution rate of the Hydrogen gas and based on a measured electrical characteristic of a plurality of cells of the battery.
Claim 2:
wherein determine an amount of electrolyte present in the plurality of batteries based on a Hydrogen evolution rate of the plurality of batteries.
Claim 6:
wherein the controller is configured to determine the battery health based on a plurality of equivalent series resistance values each determined at different times and a battery temperature, wherein each of the plurality of equivalent series resistance values is determined based on:
a difference between (1) a voltage across the plurality of batteries before a battery function is performed and (2) a voltage across the plurality of batteries while the battery function is performed; and
a load current of the plurality of batteries that causes the difference.
Claims 8-14 and 15-20 are rejected on the same basis as claims 1-7 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRA R SMITH-STEWART whose telephone number is (571)270-3965. The examiner can normally be reached 10am - 6pm.
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/DEMETRA R SMITH-STEWART/Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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