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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/639,087
`
`02/13/2020
`
`KEISUKE SHIMIZU
`
`083710-2944
`
`1024
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`VO, JIMMY
`
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/15/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/639,087
`Examiner
`JIMMY K VO
`
`Applicant(s)
`SHIMIZU et al.
`Art Unit
`1723
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 6/22/22.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-7 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-7 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220627
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 2
`
`DETAILED ACTION
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 3/28/22 has been entered.
`
`Response to Amendment
`
`In the amendmentdated 3/28/22, the following has occurred: Claims 1 and 7 have been
`
`amended.
`
`Claims 1-7 are pending. This communication is a Non-Final Rejection in response to the
`
`"Amendment"and "Remarks"filed on 3/28/22.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`Claims 1-2, 4-5, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over JP
`
`2010040345(as cited on IDS) in view of EP 1085592 (hereinafter, EP’592) or Nakanishi, US
`
`20100004885(hereinafter, Nakanishi).
`
`As to Claim 1:
`
`JP’345 discloses electricity storage system (see “a battery system...”, [0001]) comprising: a
`
`plurality of electricity storage modules each including a plurality of cells that are bound in a state where
`
`the plurality of cells are stacked in a row (see “plurality of plate shaped cell cells are arranged so as to
`
`be substantially flat with the restraint plate between two restraint plates held at a fixed distance...”,
`
`[0001, 0028]); and
`
`a managementdevice (see “a control unit (control mean) 31”, [0037], Fig. 3, 12) that acquires
`
`detection values from sensors that are respectively mounted on the plurality of electricity storage
`
`modules so as to detect expansion or contraction of the plurality of cells in a stacking direction {see
`
`“when the cel expands... contras significantly.” [0042]: see “... control unit 31 determines whether
`
`or not the value (P) of the signal from the pressure sensor 30 with both the reference values of the
`
`memory, and when it is not within the reference range...”, [0037-0038]}, wherein
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 4
`
`COagaeas7KE?
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`the management device is configured to compare a detection value acquired from one sensor
`
`mounted on oneelectricity storage module to be inspected out of the plurality of electricity storage
`
`modules and detection values acquired from other sensors mounted on other electricity storage
`
`
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 5
`
`modules, and to detect an abnormality in at least one of the cells included in the one electricity storage
`
`module to be inspected (see “... surface pressure may rise abnormally locally between adjacentsingle
`
`batteries...”, [0004];“... deformation of the battery and the internal short circuit of the battery due to
`
`the application of a large pressure to thecell 1...”, [0037-0040] — the claim does notspecifically that
`
`the signal values are comparedto each other; thus,it is reasonable that the signal values can be
`
`compareddirectly to a reference values instead and atleast indirectly to each other. Note that there
`
`is a pressure sensor at each pressure plate 2 for each module as shown abovein Figure 4 comprising
`
`at least two cells 1 for each battery system. The battery system of JP’345 can be separated into
`
`several modulesidentical to the claimedelectricity storage system.
`
`It is noted that abnormalityin this
`
`case is the pressure when it is above or below a reference value. For example,a first cell can have a
`
`value within the reference range while a second cell can have a value abovethereference range,
`
`which means thefirst cell is normal while the secondcell is abnormal in that respect).
`
`However, while JP’345 does teach that the does that teach the device directly compare the
`
`value of the voltage value of one sensor to another.
`
`In the same field of endeavor, EP’592 also discloses a battery system utilizing sensors between
`
`batteries as to monitor and control the battery system (Abstract) similar to that of JP’345. EP’592
`
`further discloses that the value from the sensors from each block of battery is directly compared with
`
`each other and then further compared to a predetermined value as to detect the abnormal cell
`
`(Abstract).
`
`Similarly, Nakanishi also discloses a battery system having a process of monitoring and
`
`controlling the battery system (Abstract) similar to that of JP’345. Nakanishi further discloses that the
`
`value detected from sensor installed at the block of batteries can also be directly compared with each
`
`other and then further compared to a predetermined value as to detect the abnormal cell (Abstract).
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 6
`
`Thus, it would have been obvious to a person skilled in the art before the effectivefiling date of
`
`the instant application to modify a step of comparing value from sensors obtained from JP’345 as to
`
`compared directly against each other value in addition to compare to the threshold value as taught by
`
`EP’592 or Nakanishi as to determine abnormal behavior of the battery system.
`
`As to Claim 2:
`
`JP’345 discloses the management device calculates a differential between the detection value
`
`acquired from the sensor mountedon the one electricity storage module to be inspected out of the
`
`plurality of electricity storage modules and an averagevalue or a median of detection values acquired
`
`from the sensors mounted on the other electricity storage modulesor from the all sensors mounted
`
`on all the electricity storage modules, and determinesthe one electricity storage module where the
`
`differential is equal to or more than a set value, as an electricity storage module including an abnormal
`
`cell (see “... surface pressure may rise abnormally locally between adjacent single batteries...”,
`
`[0004];“... deformation of the battery and the internal short circuit of the battery due to the
`
`application of a large pressureto thecell 1...”, [0037-0040)).
`
`As to Claim 4:
`
`JP’345 discloses the cell is a rectangular cell or a laminate-typecell (see “... a plurality of cells
`
`are laminated...”, [0006], Fig. 3).
`
`As to Claim 5:
`
`JP’345 discloses the management device enhances cooling abllity of a cooling unit when the
`
`management device detects an electricity storage module including an abnormal cell (see “... value
`
`exceeds the value, or when the value of the pressure sensor 36 is below the limit reference value,
`
`the pump drive contro! signal is output... the pump drive unit 33 changes the amount of
`
`refrigerant transported per unit time in the purmp 34 in response to the pump drive control signal
`
`from the control unit $4..." [0038-d040)).
`
`As to Clairn 7:
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 7
`
`JP°345 discloses management device (see “... a battery system...”, [0001]); “a control unit
`
`(control mean) 31”, [0037], Fig. 3, 12) that controls a plurality of electricity storage modules each
`
`including a plurality of cells that are bound in a state where the plurallty of cells are stacked in a raw(see
`
`“plurality of plate shaped cell cells are arranged so as to be substantially flat with the restraint plate
`
`between tworestraint plates held at a fixed distance...”, [0001, 0028])wherein
`
`ihe management device (see “a control unit (control mean) 31”, [0037], Fig. 3, 12) aequires
`
`detection values fromsensors that are respectively rnaunted an the pluraily of sisetricily storage modules
`
`so as to detect expansion or contraction of the plurality of cells in a stacking direction (see “when the
`
`cel expands... contras sianificantly..” [004¢21; see “... control unit 31 determines whether or not the
`
`value (P) of the signal from the pressure sensor 30 with both the reference values of the memory, and
`
`when it is not within the reference range...”, [0037-0038]}, ard
`
`
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 8
`
`the management device is configured to compare a detection value acauired from one sensor
`
`mounied on one electricity slorage module to be inspected oul of the plurality of electricity storage
`
`modules and detection values acquired fram other sensors mounted on other electnieity storage modules,
`
`and io detect an abnormality in atleast one of the cells included in the one eleciriciy storage module to
`
`be inspected (see “... surface pressure may rise abnormally locally between adjacentsingle
`
`batteries...”, [0004];“... deformation of the battery and the internal short circuit of the battery due to
`
`the application of a large pressure to thecell 1...”, [0037-0040] — the claim does notspecifically that
`
`the signal values are comparedto each other; thus,it is reasonable that the signal values can be
`
`comparedto a reference values instead. Note that they are a pressure sensor at each pressure plate 2
`
`for each module as shown abovein Figure 4 comprising at least two cells 1 for each battery system.
`
`The battery system of JP’345 can be separated into several modules identical to the claimed electricity
`
`storage system. It is noted that abnormality in this case is the pressure when it is above or below a
`
`reference value. For example,a first cell can have a value within the reference range while a second
`
`cell can have a value above the reference range, which meansthefirst cell is normal while the second
`
`cell is abnormal in that respect).
`
`However, while JP’345 does teach that the does that teach the device directly compare the
`
`value of the voltage value of one sensor to another.
`
`In the same field of endeavor, EP’592 also discloses a battery system utilizing sensors between
`
`batteries as to monitor and control the battery system (Abstract) similar to that of JP’345. EP’592
`
`further discloses that the value from the sensors from each block of battery is directly compared with
`
`each other and then further compared to a predetermined value as to detect the abnormal cell
`
`(Abstract).
`
`Similarly, Nakanishi also discloses a battery system having a process of monitoring and
`
`controlling the battery system (Abstract) similar to that of JP’345. Nakanishi further discloses that the
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 9
`
`value detected from sensor installed at the block of batteries can also be directly compared with each
`
`other and then further compared to a predetermined value as to detect the abnormal cell (Abstract).
`
`Thus, it would have been obvious to a person skilled in the art before the effectivefiling date of
`
`the instant application to modify a step of comparing value from sensors obtained from JP’345 as to
`
`compared directly against each other value in addition to compare to the threshold value as taught by
`
`EP’592 or Nakanishi as to determine abnormal behavior of the battery system.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over JP2010040345(as cited on
`
`IDS) in view of EP’592 or Nakanishi, as applied to claim 1 above, and further in view of O’Brien, JR, et
`
`al., US 20120286739 (hereinafter, O’Brien).
`
`JP’345 discloses each ofthe electricity storage modules includes:
`
`two end plates that are disposed on both end surfaces of an assembly of the plurality of cells in
`
`the stacking direction so as to sandwichthe plurality of cells between the two end plates (see “... side
`
`surface bases(constraint plates) 6 for restraining 5 at both ends of the assembled battery bodyS...”,
`
`[0029], Figs. 1-4); and at least two bind bars for connecting the two end plates to each other, the sensor
`
`is a pressure sensor, and the pressure sensor is attached on the batteries (see “... connecting bar 7...”,
`
`[0029]; see “... pressure sensor...”, [0037]).
`
`In the same field of endeavor, O’Brien also discloses a group of battery cells 200 restraining by a
`
`binding band 202/204 also having a sensor 208/210 [0006, 0029] similar to that of JP’345. O’Brien
`
`further discloses that the strain gauges are coupled to the binding bands [0029], which can improve
`
`estimate of the state of battery charge and/or protection options that result in deactivation of the entire
`
`battery [0007].
`
`It would have been obvious to a person skill in the art before the effectivefiling date of the
`
`instant application to incorporate a strain gauge on the binding band or constraining bar of JP’345 as
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 10
`
`taught by O’Brien as to improve estimate of the state of battery charge and/or protection options that
`
`result in deactivation of the entire battery [0007].
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over JP2010040345(as cited on
`
`IDS), as applied to claim 1 above, and further in view of Wangetal., US 20120064378 (hereinafter,
`
`Wang).
`
`JP’345 discloses the management device that can detect abnormal battery, but does not teach
`
`that the control unit can separate out the abnormal cell.
`
`In the same field of endeavor, Wang discloses that the battery pack having a sensor and
`
`controller as to detect abnormal battery similar to that of JP’345. Wang further discloses that by
`
`disconnecting the abnormal battery cell electrically via an electrical switch and bypass switch as to allow
`
`other goodbattery cells to continue to work while prevent abnormal battery from continue to create a
`
`hostile environment [0007-0008, 0023-01024].
`
`It would have been obvious to a person skill in the art before the effectivefiling date of the
`
`instant application to incorporate an electrical switch/bypass into the control unit of JP’345 as taught by
`
`Wangas to allow the controller to isolate the abnormal battery and allow other working battery cells to
`
`continue to work [0007-0008, 0023-01024].
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 11
`
`Response to Arguments
`
`Applicant’s arguments with respect to claims 1-7 have been considered but are moot because
`
`the new ground of rejection does not rely on any reference applied in the prior rejection of record for
`
`any teaching or matter specifically challenged in the argument.
`
`

`

`Application/Control Number: 16/639,087
`Art Unit: 1723
`
`Page 12
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can
`
`normally be reached Monday- Friday, 8 am to 6 pm EST.
`
`Examiner interviewsare 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,
`
`Milton Cano can be reached on 5712721398. The fax phone numberfor the organization where this
`
`application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
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`571-272-1000.
`
`/JIMMY VO/
`Primary Examiner
`Art Unit 1723
`
`JIMMY VO/
`Primary Examiner, Art Unit 1723
`
`