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 .
Acknowledgement is made of application #19/276,448 filed on 07/22/2025 in which claims 1-20 have been presented for prosecution in a first action on the merits.
Information Disclosure Statement
Acknowledgement is hereby made of receipt of Information Disclosure Statement filed by applicant on 07/22/2025. Accordingly, the information disclosure statement is being considered by the examiner and placed of record. An initialed copy is attached herewith.
Claim Objections
Claim 13 is objected to because of the following informalities: In claim 13, the underlined limitations of , “…wherein the battery management device is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded a contactor maximum current threshold” render the claim indefinite and should read for examination purpose -- …wherein the battery management device is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded the contactor maximum current threshold.---. Appropriate correction is required.
Claims 14-15 depend directly from claim 1 and thus are also objected for the same reasons since they inherit the same deficiencies.
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 13-15 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.
Claim 13 recites the underlined limitations of , “…wherein the battery management device is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded a contactor maximum current threshold” and render the claim indefinite since “a contactor maximum current threshold” has been previously recited and it is unclear as to which these two limitations are the same or different and thus render the claim 13 and its dependent claims thereof indefinite.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9,11-12,16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chidester et al., (Chidester) US 2017/0005371 in view of Pevear US 10,811,869 B2.
Regarding claims 1 and 16: Chidester at least discloses and shows in Figs. 2-3,8-11 and 13: a battery system of an electric vehicle(100)(Fig. 4)(¶[0062]-¶[0063]), each battery pack(26) comprising: a plurality of battery cells(26/210)(¶[0049],¶[0054],¶[0077]-¶[0080]) enclosed within a housing(560)(see ¶[0079]), each battery pack(26) comprises a circuit board electrically connected to the plurality of battery cells(26/210)(¶[0049]) and configured to measure at least temperature and voltage of the battery pack(¶[0048]; Fig. 2); and a battery management device(16) comprising at least an overcurrent protection device((31a….31n)(see ¶[0053],¶[0056],¶[0061],¶[0096]) and a primary contactor(main contactor 310), the battery management device(16) being electrically connected to each of the battery packs(26a, 26b, . . . 26n, . . . ) configured to control an electrical output of the plurality of battery packs(note-the battery management system 16 can generate control signals 24a, 2b, . . . , 24n, . . . , individually or collectively referred to herein as the control signal(s) 24, for controlling the respective switches 21 and 22. The switches 21 and 22 can be contactors configured to connect the battery strings 26 to the power buses 20, 25 or disconnect the battery strings 26 from the power buses 20, 25 in response to the respective control signals 24; see ¶[0048],¶[0051]); and wherein the battery management device(16) is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor(310) to protect all of the plurality of battery packs by being opened when a system current has exceeded the contactor maximum current threshold(note-The switches 21 and 22 can be contactors configured to connect the battery strings 26 to the power buses 20, 25 or disconnect the battery strings 26 from the power buses 20, 25 in response to the respective control signals 24; see ¶[0126]).
Chidester does not expressly disclose the limitations of, wherein the battery management is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded the contactor maximum current threshold.
However, Pevear discloses and shows in Fig. 2, factual evidence of, wherein the battery management is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded the contactor maximum current threshold(note- battery system 14 may also include one or more sensors (e.g., current sensors, voltage sensors, temperature sensors, etc.), operatively coupled to BMS 60, and configured to detect the conditions of battery packs 20 and busbars 36, 38. In some embodiments, these sensors may be configured to detect the current through each busbar 36. In some embodiments, BMS 60 may selectively activate a contactor 46 (e.g., open contactor 46 to stop current flow in busbar 36) when the current in busbar 36 exceeds a predetermined limit (which, in some embodiments, may be programmed into BMS 60)(see col. 5, lines 14-26; col. 6, lines 13-col. 7, line 9).
Chidester and Pevear are electric power distribution and overcurrent protection system analogous art. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the overcurrent protection system of Fisher with the battery pack system of Chidester, by having, wherein the battery management is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor to protect all of the plurality of battery packs by being opened when a system current has exceeded the contactor maximum current threshold, as recited in order to provide protection to the battery and safety of the electric vehicle by avoiding fire or damage to the battery due to excessive heating.
Accordingly claims 1 and 16 would have been obvious.
Regarding claim 2, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Chidester further discloses, wherein the circuit board of each battery pack(26a,26b,…26n,…) is capable of measuring temperature using at least one thermistor of the battery pack(note-The battery management system 16 also can receive temperature measurements, temp_a, temp_b, . . . , temp_n, . . . , which are one or more of temperature measurements from the respective battery strings 26a, 26b, . . . 26n, . . . . , measured by one or more temperature sensors (not shown) accompanying the battery strings; see ¶[0048],¶[0052],¶[0137]).
Regarding claim 3, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Chidester further discloses, wherein the circuit board is configured to balance individual battery cells of the respective battery pack. (¶[0004],¶[0052],¶[0093]).
Regarding claim 4, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Pevear discloses, wherein the overcurrent protection device(fuse 42 and contactor 46)(see Fig, 2)(note-fuse 42 and contactor 46 operate to disconnect each battery pack 20 from battery system 14 in the event of an overcurrent; see col. 5, line 63-col. 6, line 7) of the battery management device(60) is configured to activate within a predetermined time(5-20ms time delay; see col. 7, lines 25-34 and col. 8, lines 57-67)) of an overcurrent event in the plurality of battery packs(20A…20D) and detected by the battery management device(60)(see Pevear; col. 7, lines 10-38).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Chidester with Pevear in having, wherein the overcurrent protection device of the battery management device is configured to activate within a predetermined time of an overcurrent event in the plurality of battery packs and detected by the battery management device, as recited, in order to allow the relay to wait to see if the overcurrent condition persists before triggering the circuit breaker to open, which protects the equipment from damage and ensures system stability. Having a delay in opening a primary contactor relay during an overcurrent would allow for temporary current surges and prevent nuisance tripping. This delay is often a feature of time-delay overcurrent relays, which are designed to distinguish between brief, harmless overcurrents (like those during motor startup which are temporary) and sustained, damaging overcurrents.
Accordingly claim 4 would have been obvious.
Regarding claim 5, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Chidester discloses, the battery management device(16) comprising circuitry and logic for isolation monitoring and voltage measurements of the plurality of battery packs(26/210)(see ¶[0008],¶[0010],¶[0056], ¶[0129]).
Regarding claim 6, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Chidester discloses, wherein the battery management(16) device is configured to individually regulate in each battery pack one or more of a voltage and pre- charging loads supplied(via current sensors (28a…28n) to the plurality of battery packs(26/210)(¶[0048],¶[0052],¶[0055]).
Regarding claim 7, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Pevear discloses, wherein each battery pack(20A…20D) comprises only one contactor(46A….46D)(see Fig. 2).
Regarding claim 8, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Pevear further discloses, wherein each battery pack(20A…20D) comprises a contactor(46A….46D)(see Fig. 2), a current shunt, and/or an overcurrent protection device(42A, 42B, 42C, and 42D)(see Fig. 2)(col. 6, lines 13-57).
Regarding claim 9, Chidester in view of Pevear discloses all the claimed limitations as set forth and discussed above in claim 1. Chidester further discloses, wherein each battery pack comprises a pack monitoring chip(see ¶[0052],¶[0054], ¶[0137]).
Regarding claim 11, Chidester in view of Pevear discloses all the claimed limitations as set forth and discussed above in claim 1. Chidester further discloses, wherein measured temperature and/or voltage of each battery pack(26/210) is transmitted from the circuit board(36n) to the battery management device(16)(see ¶[0008], ¶[0010], ¶[0040], ¶[0048],¶[0128]-¶[0129], ¶[0137]).
Regarding claim 17, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 16. Chidester discloses, further comprising: actuating the overcurrent protection device(fuse 1030)(see ¶[0107] and Fig. 17) of the battery management device in response to an overcurrent event.
Regarding claim 18, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 16. Chidester discloses, further comprising: electrically connecting together the plurality of battery packs(26/210) to the battery management device(16) in a battery stack of between at least two battery packs(k battery modules; see ¶[0054]) stacked horizontally or vertically, wherein the plurality of battery packs(38n) are connected in parallel(¶[0007],¶[0009],¶[0054]).
Regarding claim 19, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 16. Pevear discloses, further comprising: upon determining by the battery management device(60) that a current of the plurality of battery packs is greater than an overcurrent threshold, causing the battery system to wait a total time delay(5-20ms) for the primary contactor to open(col. 7, lines 10-38).
Chidester and Pevear are electric power distribution and overcurrent protection system analogous art. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the overcurrent protection system of Fisher with the battery pack system of Chidester, by having the method further comprising: upon determining by the battery management device that a current of the plurality of battery packs is greater than an overcurrent threshold, causing the battery system to wait a total time delay for the primary contactor to open, as recited, in order to allow the relay to wait to see if the overcurrent condition persists before triggering the circuit breaker to open, which protects the equipment from damage and ensures system stability. Having a delay in opening a primary contactor relay during an overcurrent would allow for temporary current surges and prevent nuisance tripping. This delay is often a feature of time-delay overcurrent relays, which are designed to distinguish between brief, harmless overcurrents (like those during motor startup which are temporary) and sustained, damaging overcurrents.
Accordingly claim 19 would have been obvious.
Regarding claim 20, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 16. Chidester discloses, further comprising: transmitting, by a pack monitoring chip of each battery pack(26), a cell voltage of each battery pack to the battery management device; and determining the cell voltage in respective battery packs has exceeded a respective maximum cell voltage threshold(see ¶[0008],¶[0052] and ¶[0137]).
Regarding claim 12, Chidester in view of Fisher discloses all the claimed invention as set forth and discussed above in claim 11. Chidester further discloses, wherein the battery management device(16) is configured as a single central interface(see Fig. 2) with the plurality of battery packs (26/210).
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Chidester et al., (Chidester) US 2017/0005371 in view of Pevear US 10,811,869 B2.
Regarding claim 10, Chidester in view of Pevear discloses all the claimed invention as set forth and discussed above in claim 1. Chidester further discloses that the battery strings (26) can be implemented with various different types of rechargeable batteries made of various materials, such as lead acid, nickel cadmium, lithium ion, or other suitable materials. In some embodiments, each of the battery strings can output about 375V-400V if charged about 80% or more, and thus if two or more series strings are used, they would provide at least a range of 750V-800V(see Chidester ¶[0049]). Chidester in view of Pevear discloses all the claimed invention except for the limitations of, wherein each battery pack comprises a voltage range of up to approximately 1000 V; and/or wherein the circuit board of the battery management device is configured to connect at least 180 individual battery cells connected in series so that a peak system voltage permissible of each battery pack is approximately 750 V.
It would have been obvious to one having ordinary skill in the art before the effective
filing date of the claimed invention to have in the battery system of Chidester as modified by Pevear to have, wherein each battery pack comprises a voltage range of up to approximately 1000 V; and/or wherein the circuit board of the battery management device is configured to connect at least 180 individual battery cells connected in series so that a peak system voltage permissible of each battery pack is approximately 750 V, as recited, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Accordingly claim 10 would have been obvious.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pevear US 10,811,869 B2.
Regarding claim 13: Pevear at least discloses and shows in Fig. 2: A battery system(14) of an electric vehicle(bus 10)(see Figs. 1-2), comprising: a plurality of battery packs(20A,20B,20C,20D) arranged vertically or horizontally in a stack(note- In general, battery packs 20 of battery system 14 may be physically arranged in any manner. In some embodiments, battery packs 20 may be arranged in a single layer on a common horizontal plane to decrease the height of battery system 14. Decreasing the height of battery system 14 may be advantageous in some applications; see col. 4, lines 23-28), each battery pack(20A…20D) comprising only one contactor(46A…46D) and a plurality of battery cells(50)(see Fig. 2; see col. 3, lines 41-48) enclosed within a housing(28)(col. 4, lines 60-63); and a battery management device(60) electrically connected to each of the battery packs to control(col. 5, lines 14-34) an electrical output of the plurality of battery packs(20A…20D), the battery management device(60) comprising a primary contactor(46)(see col. 6, lines 19-29); wherein the battery management device(60) is configured to determine if a system current has exceeded a contactor maximum current threshold and cause the primary contactor(46A…46D) to protect all of the plurality of battery packs(20A…20D) by being opened when a system current has exceeded a contactor maximum current threshold(note- battery system 14 may also include one or more sensors (e.g., current sensors, voltage sensors, temperature sensors, etc.), operatively coupled to BMS 60, and configured to detect the conditions of battery packs 20 and busbars 36, 38. In some embodiments, these sensors may be configured to detect the current through each busbar 36. In some embodiments, BMS 60 may selectively activate a contactor 46 (e.g., open contactor 46 to stop current flow in busbar 36) when the current in busbar 36 exceeds a predetermined limit (which, in some embodiments, may be programmed into BMS 60)(see col. 5, lines 14-26; col. 6, lines 13-col. 7, line 9).
Accordingly, claim 13 is anticipated.
Regarding claim 14, Pevear discloses all the claimed invention as set forth and discussed above in claim 13. Pevear further discloses, wherein the battery management device(60)(see Fig. 2) is configured as a single central interface to individually regulate in each battery pack one or more of a voltage and pre-charging loads supplied to the plurality of battery packs(20A…20D)(see col. 5, lines 14-33).
Regarding claim 15, Pevear discloses all the claimed invention as set forth and discussed above in claim 13. Pevear further discloses, wherein the battery management device(60) comprises circuitry and logic(note- BMS 60 may include circuit boards, electronic components, sensors, and controllers that monitor the performance of the components (e.g., packs 20, modules 30, and cells 50) of battery system 14 based on sensor input (e.g., voltage, current, temperature, humidity, etc.), provide feedback (alarms, alerts, etc.), and control the operation of battery system 14 for safe and efficient operation of bus 10; see col. 5, lines 14-26) for isolation monitoring and voltage measurements of the plurality of battery packs(20A…20D), and wherein the plurality of battery packs are arranged in a battery stack of between two and six battery packs(4 battery packs(4 is between two and six) 20A,20B,20C and 20D)(see col. 4, lines 39-50).
Conclusion
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M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 November 18, 2025