Schmidt, Ralph et al.

Patent Trials and Appeals Board

Dec 26, 2019

14345499 - (D) (P.T.A.B. Dec. 26, 2019)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/345,499 10/29/2014 Ralph Schmidt 2178-0925 6267
10800 7590 12/26/2019
Maginot, Moore & Beck LLP
One Indiana Square, Suite 2200
Indianapolis, IN 46204
EXAMINER
HERNANDEZ, MANUEL J
ART UNIT PAPER NUMBER
2859
MAIL DATE DELIVERY MODE
12/26/2019 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte RALPH SCHMIDT, STEFAN BUTZMANN, and HOLGER
FINK
Appeal 2019-002491
Application 14/345,499
Technology Center 2800
Before CATHERINE Q. TIMM, ELIZABETH M. ROESEL, and BRIAN D.
RANGE, Administrative Patent Judges.
RANGE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 1–5 and 7–12. We have jurisdiction
under 35 U.S.C. § 6(b).
We AFFIRM.

1 We use the word “Appellant” to refer to “applicant” as defined in 37
C.F.R. § 1.42. Appellant identifies the real party in interest as Robert Bosch
GmbH and Samsung SDI Co. Ltd. Appeal Br. 2.
Appeal 2019-002491
Application 14/345,499

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CLAIMED SUBJECT MATTER2
Appellant describes the invention as relating to a method of balancing
the states of charge of battery cells when battery modules are series-
connected. Spec. 1:8–13; 3:13–28. Claim 1 is illustrative:
1. A method for balancing states of charge of battery
modules of a battery, the battery modules being connected in series to
form a battery module string, each of the battery modules in the
battery module string including at least one battery cell, a coupling
unit, a first connection and a second connection, the method
comprising:
actuating the coupling unit of each battery module in a first
group of battery modules in the battery module string to place each
battery module in the first group in a first switching state during a first
time interval such that each of the battery modules in the first
group is disconnected from the battery module string during the
first time interval;
actuating the coupling unit of each of the battery modules in a
second group of battery modules in the battery module string to place
each battery module in the second group in a second switching state
during the first time interval such that a first output voltage is
provided to the battery module string by the second group during the
first time interval;
applying the first output voltage to an inductance during the
first time interval, such that a current which flows through the
inductance is increased;
actuating the coupling unit of each battery module in the first
group of battery modules to place the first group of battery modules in
a third switching state during a second time interval such that a
second output voltage is provided to the battery module string by
the first group during the second time interval;

2 In this Decision, we refer to the Final Office Action dated December 13,
2017 (“Final Act.”), the Appeal Brief filed July 2, 2018 (“Appeal Br.”), the
Examiner’s Answer dated December 4, 2018 (“Ans.”), and the Reply Brief
filed February 4, 2019 (“Reply Br.”).
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Application 14/345,499

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actuating the coupling unit of each battery module in the second
group of battery modules in the battery module string to place the
battery modules of the second group in the first switching state during
the second time interval such that each of the battery modules in the
second group is disconnected from the battery module string during
the second time interval; and
applying the second output voltage to the inductance during the
second time interval,
wherein the second output voltage has opposite polarity with
respect to the first output voltage, and wherein the first group of battery
modules is different than the second group of battery modules.
Appeal Br. 14–15 (Claim App.) (emphases added to certain recitations at
issue on appeal).

REFERENCES
The Examiner relies upon the prior art below in rejecting the claims
on appeal:
Name Reference Date
Gollob et al.
(“Gollob”)
Krauer

US 2011/0267005 A1

US 2012/0019212 A1

Nov. 3, 2011

Jan. 26, 2012

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Application 14/345,499

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REJECTIONS
The Examiner maintains (Ans. 2) the following rejections on appeal:
A. Claims 1–5 and 10 under 35 U.S.C. § 102 as anticipated by Gollob.
Final Act. 2.
B. Claims 7–9 and 11 under 35 U.S.C. § 103 as obvious over Gollob in
view of Krauer. Id. at 6.
C. Claims 12 under 103 35 U.S.C. § 103 as obvious over Krauer in view
of Gollob. Id. at 7.

OPINION
We review the appealed rejections for error based upon the issues
identified by Appellant and in light of the arguments and evidence produced
thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential),
cited with approval in In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011) (“[I]t
has long been the Board’s practice to require an applicant to identify the
alleged error in the examiner’s rejections.”). After considering the evidence
presented in this Appeal and each of Appellant’s arguments, we are not
persuaded that Appellant identifies reversible error. Thus, we affirm the
Examiner’s rejections for the reasons expressed in the Final Office Action
and the Answer. We add the following primarily for emphasis.
The Appellant does not present any substantively separate argument
for any claims or for the Examiner’s second and third rejections. Appeal Br.
7, 11–12. We, therefore, limit our discussion to claim 1. All other claims
stand or fall with that claim. 37 C.F.R. § 41.37(c)(1)(iv) (2013).
The Examiner finds that Gollob teaches each limitation of claim 1.
Final Act. 2–4 (citing Gollob). Among other things, the Examiner finds that,
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Application 14/345,499

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as depicted in Gollob Figures 1–15, items 11, 12, and 1n form a battery
module string and that each battery in the battery module string (for
example, 11) along with corresponding switches (for example, 40 and 51)
form battery modules. Id. at 2. The Examiner finds that, for example,
Figures 5A and 5B illustrate how a Gollob battery module is disconnected
during a first time interval. Id. at 2–3; see also Ans. 3–5. The Examiner
also finds that Gollob teaches its device is configured to provide an opposite
polarity to the battery module string at a different time interval. Final Act. 4
(citing Gollob Figs. 5A and 5B); see also Ans. 3–5.
Appellant argues that Gollob does not disclose or suggest the
capability of disconnecting a battery module from the battery module string.
Appeal Br. 9–10. The Examiner and Appellant agree that, in the context of
claim 1, disconnecting a module means that the module is electrically
disconnected—in other words, not providing a voltage or current. Appeal
Br. 8–9; Final Act. 8–9.3 Here, the preponderance of the evidence supports
the Examiner’s position that Gollob Figure 5A, for example, demonstrates
that, during at least one time interval, the cells 11, 12, and 1n (which, along
with associated switches, are each a battery module in the parlance of claim
1) are disconnected from the battery module string. We reproduce Gollob
Figure 5A below.

3 In the Reply Brief, Appellant appears to argue that a battery module could
be “connected to the string” while providing 0V to the battery module string.
Reply Br. 2. In view of Appellant’s Specification and the context of claim 1,
severing all physical connections from a module is unnecessary to
“disconnect” a module (electrically) from the battery module string.
Appeal 2019-002491
Application 14/345,499

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Gollob Figure 5A illustrates the operating principle of the charge balancing
circuit in cell-to-cell balancing mode. Gollob ¶ 14. When Gollob’s switches
(depicted in Figure 6) are configured for the mode Figure 5A depicts, current
flows through cell 11 and through inductive storage element 2. Gollob ¶¶
50–51 (“In the example illustrated in FIG. 5A the first charge storage
element 11 is the one to be discharged.”). Figure 5A indicates no current or
voltage flow through cell 11 to other elements of the string (for example,
through 1n to 12 or through 12 to 11) during this stage of the “cell-to-cell
balancing” mode. Id. at ¶ 50. Thus, cell 12, for example, is electrically
disconnected from the battery module string in this configuration.
Appellant emphasizes that, even in cell-to-cell balancing mode, cell
12 remains connected to the battery module string. Reply Br. 2–3. To
illustrate this point, Appellant modifies Gollob Figure 5A by reproducing the
left side of of the figure alone (i.e., Gollob battery 1 along with first load
terminal 13 and second load terminal 14) and omitting switch arrangement 3
that allows selective connection of battery cells 11, 12, 1n. Id. at 3.
Appellant argues, “As is known in the art, battery cells 11, 12, . . . 1n, when
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connected as shown above [in Appellant’s modified version of Gollob
Figure 5A], provide a voltage/current to the string.” Id. Appellant,
however, does not cite evidence to support this proposition. Nor does
Gollob support Appellant’s contention. To the contrary, Figure 5A indicates
currents flowing through cell 11 and inductor 2 but indicates no current is
flowing through, for example, cell 12. Gollob ¶ Fig. 5A (showing switch
arrangement 3 with connection between terminals 30 and 33 and between
and 31 and 34); see also Gollob ¶ 51.
Moreover, Gollob indicates that elements within the string are
electrically connected during operation but not during charge balancing
mode. In particular, Gollob states that load terminals 13 and 14 “are
configured to have a load or a charging device Z . . . connected thereto”
during “operation.” Gollob ¶ 25; see also id. at Fig. 1. Gollob does not
indicate any similar load or charging of device Z through load terminals 13
and 14 during “charge balancing mode.” See, e.g., id. at ¶¶ 37, 50–52.
Because the preponderance of the evidence, as explained above, supports the
Examiner’s position that Gollob’s Figure 5A teaches disconnection of a
battery module, Appellant’s argument in this regard does not demonstrate
error.
Appellant also argues that Gollob does not teach claim 1’s recitations
that “a second output voltage is provided to the battery module string . . .
during the second time interval” and “the second output voltage has opposite
polarity with respect to the first output voltage.” Appeal Br. 10–11. The
Examiner, however, finds that Gollob teaches a second voltage with
opposite polarity. Final Act. 3–4; Ans. 5–7. The preponderance of the
evidence supports the Examiner’s position. Gollob’s Figure 5B depicts an
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alternative current path flow (enabled by the switches Gollob Figure 6
depicts) where polarity is the opposite of that in Figure 5A. Ans. 6–7; see
also Gollob ¶ 52 (“the polarity of the inductive storage element 2 is to be
reversed between the first and the second step”). This opposite polarity
voltage is output to cell 12 (Gollob Fig. 5B, ¶ 52), and cell 12 is part of
Gollob’s battery module string (Final Act. 2). A second output voltage,
therefore, is provided to the battery module string. Appellant’s Specification
similarly describes providing opposite polarity voltage to a battery module.
Spec. 11:26–13:5. Appellant’s argument, therefore, does not identify error.
Because Appellant’s argument does not identify harmful error, we
sustain the Examiner’s rejections.
CONCLUSION
In summary:
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
1–5, 10 102 Gollob 1–5, 10
7–9, 11 103 Gollob, Krauer 7–9, 11
12 103 Krauer, Gollob 12
Overall
Outcome
1–5, 7–12

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).

AFFIRMED