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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/2026 has been entered.
Response to Amendment
Acknowledgement is made of the amendment filed on 3/16/2026 in which claims 1, 3, 4, 5, 10, 12, 13, and 14 were amended. No claims were cancelled and no new claims were added. The amendments overcome the non-statutory double patenting rejection. Therefore, claims 1, 3-6, 8-10 and 12-15 are pending examination below.
Response to Arguments
Applicant’s arguments, filed 3/16/2026, have been fully considered but are moot in view of the new grounds of rejection as necessitated by the amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims recite “adjusting the temperature of the battery such that the battery is at the target temperature upon the charge mode received at the user interface being the storage mode”, which does not appear to be supported in the specification. The language appears to recite that the temperature of the battery is adjusted at the same time that (or even prior to) the storage mode is selected which the examiner does not believe is recited anywhere within the disclosure. For purposes of prior art examination, the claims are being interpreted consistent with the specification, where the temperature adjustment occurs after the charging mode is selected. This interpretation is consistent with the disclosure which describe temperature adjustment as a step that follows the charge mode selection.
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.
Claims 1, 3-6, 10, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Koji et al. JP 2012044813 in view of Tanaka et al. JP 2008236871 further in view of Rhodes et al. US 20160221456 further in view of Das et al. US 20140184163.
With regards to claims 1 and 10 Koji discloses, a method for managing state of charge of a battery of an electric work vehicle [fig 1 vehicle 1] upon connection to an external charging device [fig 1 charging plug 7 and ¶8 “charging means that charges the battery using power from an external power source”] to be ready to return to work at a return to work time that coincides with an end of a duration of immobilization [¶30 “the control device 3 receives a signal from a time setting unit 8 indicating a scheduled driving start time at which the driving of the vehicle is to be started. When the scheduled driving start time is sent from the time setting unit 8, the time may be input directly by the user or may be based on information set in the navigation device" discloses the claimed return to work time”], the method comprising:
receiving, via a user interface, a user input indicative of a charge mode [¶30 above], the electric work vehicle having at least one normal charge mode [¶40 “In addition, in this charging operation, the rate at which power is charged to the battery module 2 is set so that the current SOC reaches the required SOC at the latest immediately before the scheduled driving time of the vehicle” which reasonably reads on the “normal charge mode”];
upon the charge mode received at the user interface being the at least one normal charge mode [¶30 and ¶40 above]:
using an initial state of charge value of the battery and a target operational state of charge value of the battery to calculate a targeted charge increase [¶38 "Next, in step 30, a predetermined control program uses the various information set and read in steps 10 and 20 to calculate the current amount of stored electricity (also simply referred to as the "current SOC") and the amount of stored electricity (also simply referred to as the "required SOC") that should be stored in the battery module 2 at the vehicle operation start time, and using this battery state and the scheduled vehicle operation start time, calculates the charging start time in order to complete charging by the scheduled vehicle operation start time"];
selecting a charge cycle based on the charge mode and the targeted charge increase, wherein the charge cycle comprises a charge rate [¶40 above];
calculating a charging start time based on the charge rate and the targeted charge increase, such that at the return to work time an actual state of charge of the battery corresponds to the target operational state of charge value [¶40 above];
using an initial temperature of the battery and a target temperature of the battery to calculate a targeted temperature change [¶45 "The required amount of heating is calculated, for example, by calculation using a map stored in advance in the ROM of the control device 3, the current battery temperature, a target battery temperature, and the like. To obtain this required amount of heating, the battery heating time can be secured for a period of time calculated by dividing the required amount of heating by the heating capacity (amount of heating per unit time) of the heating means"];
using the targeted temperature change to calculate a heat exchange start time such that the battery is at the target temperature before the charging start time [¶45 above];
adjusting the temperature of the battery at the heat exchange start time such that the battery is at the target temperature at the charging start time [¶46 "Step 51 is repeated until the heating start time arrives, and when the heating start time arrives, the heating operation of the battery module 2 is started (step 54)"];
starting the charge cycle using power from the external charging device at the charging start time such that the battery is at the target operational state of charge at the return to work time [¶46 "In addition, in this charging operation, the rate at which power is charged to the battery module 2 is set so that the current SOC reaches the required SOC at the latest immediately before the scheduled driving time of the vehicle"].
Koji fails to disclose, wherein the electric work vehicle comprises a hydraulic circuit for effecting movement of a machine work tool, warming hydraulic fluid in the hydraulic circuit during charging of the battery using power from the external charging device such that the hydraulic fluid is at a target hydraulic fluid temperature at the return to work time.
However, Tanaka discloses wherein the electric work vehicle comprises a hydraulic circuit for effecting movement of a machine work tool [Fig 2 hydraulic circuit 25] and warming hydraulic fluid in the hydraulic circuit during charging of the battery using power from the external charging device such that the hydraulic fluid is at a target hydraulic fluid temperature at the return to work time [¶11 “The present invention utilizes a charging means for a battery supplied with external power and can utilize part of that power as heating energy, so that the pressurized oil flowing through the hydraulic circuit can be preheated during charging without the need to add a special power circuit for preheating or relying on a timer”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Koji and Tanaka to utilize the external power for a heating means in order to simplify the system and allow heating to begin more quickly.
Koji fails to disclose, a storage mode, and upon the charge mode received at the user interface being the storage mode: using a storage state of charge value and the initial state of charge value of the battery to calculate a targeted charge change of the battery; selecting a storage charge rate based on the charge mode and the targeted charge change; adjusting the state of charge of the battery to the storage state of charge value at the storage charge rate; and maintaining the state of charge of the battery at the storage state of charge value using power from the external charging device.
However, Rhodes discloses, a storage mode [abstract “during a storage duration” and fig 4 discloses storage SOC which reads on the storage mode], upon the charge mode received at the user interface being the storage mode: using a storage state of charge value and the initial state of charge value of the battery to calculate a targeted charge change of the battery; selecting a storage charge rate based on the charge mode and the targeted charge change; adjusting the state of charge of the battery to the storage state of charge value at the storage charge rate; and maintaining the state of charge of the battery at the storage state of charge value using power from the external charging device [¶3 "A battery charging system includes a charger coupled to a battery of a vehicle and configured to charge and discharge the battery, and a controller programmed to operate the charger based on a state of charge of the battery to, during a storage duration, maintain the state of charge at a partial charge level, and to, upon expiration of the storage duration, maintain the state of charge at an operating charge level and fig 4 steps 210-222 where the battery is held at the storage SOC].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine Koji with Rhodes to provide a long-term/storage charging setting in order to prevent degradation of the battery.
Koji fails to disclose, the charge rate being the slowest rate capable of charging the battery to the target operational state of charge value at the return to work time.
However, Das disclose, the charge rate being the slowest rate capable of charging the battery to the target operational state of charge value at the return to work time [¶33 “The charge routines may include one or more fast-charge routines which charge the battery at a relatively high charge rate and one or more slow charge routines which charge the battery at a relatively low charge rate”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Koji with Das to slowly charge the battery in order to extend the battery lifespan.
Claim 10 is rejected for similar reasons as claim 1 above, a detailed discussion is avoided for brevity.
With regards to claim 3 and 12, the combination discloses, the method of claim 1 wherein adjusting the state of charge of the battery to the storage state of charge value includes discharging the battery upon the storage state of charge being less than the initial state of charge value [Rhodes fig 4 step 210 SOC is checked and 212 battery is discharged to reach the storage SOC].
Claim 12 is rejected for similar reasons as claim 3 above, a detailed discussion is avoided for brevity.
With regards to claim 4 and 13 the combination discloses, the method of claim 1 further comprising adjusting the temperature of the battery such that the battery is at the target temperature upon the charge mode received at the user interface being the storage mode; and wherein adjusting the state of charge of the battery to the storage state of charge value is performed upon the temperature of the battery being adjusted to the target temperature [Koji 39 “In step 40, it is determined whether the battery module 2 is at a temperature at which efficient charging can be performed at the time when the charging operation is started, and if the temperature is such that efficient charging cannot be performed, it is determined whether the battery module 2 should be heated or cooled” and ¶30 above where the user indicates the scheduled time, which reasonably reads on the battery being at the appropriate temperature for any kind of charging operation].
Claim 13 is rejected for similar reasons as claim 4 above, a detailed discussion is avoided for brevity.
With regards to claim 5 and 14 the combination discloses, the method of claim 1wherein the storage state of charge value is between 40% and 50% [Rhodes ¶28 "The battery 24 may be maintained at the partial charge level during periods of inactivity and brought to the operating charge level immediately prior to use. The partial charge level may be optimized to improve battery life during periods of storage or non-use. The partial charge level may vary depending upon the particular battery chemistry and architecture. For example, for a lithium-ion battery, a partial charge level of approximately 50% may be selected"].
Claim 14 is rejected for similar reasons as claim 5 above, a detailed discussion is avoided for brevity.
With regards to claim 6 and 15 the combination discloses, the method of claim 1 further comprising comparing the targeted charge increase to a charge threshold, wherein in an event that the targeted charge increase is smaller than the charge threshold the targeted charge increase is zero [Rhodes ¶28 above where "the battery 24 may be maintained at the partial charge level" which discloses that if the battery is already at the "threshold" no charging of the battery is done so the charge increase is zero as claimed].
Claim 15 is rejected for similar reasons as claim 6 above, a detailed discussion is avoided for brevity.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Koji et al. JP 2012044813 in view of Tanaka et al. JP 2008236871 further in view of Rhodes et al. US 20160221456 further in view of Das et al. US 20140184163 further in view of Park US 20210349156.
With regards to claim 8 the combination fails to disclose, the method of claim 1 wherein the method further comprises obtaining data indicative of battery health.
However, Park discloses the method of claim 1 wherein the method further comprises obtaining data indicative of battery health [Abstract "A system for estimating a state of health (SOH) of a battery using big data, may include a big data server receiving vehicle driving-related data generated from a vehicle and a result of determining the SOH of the battery, processing the received vehicle driving-related data, and generating and storing a factor related to the SOH of the battery mounted in the vehicle; and a controller mounted in the vehicle and determining the SOH of the battery referring to the factor stored in the big data server"].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine Koji in view of Tanaka, Rhodes, and Das with Park to obtain the state of health of the battery in order to improve reliability of battery charging and to prevent damage to the battery.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Koji et al. JP 2012044813 in view of Tanaka et al. JP 2008236871 further in view of Rhodes et al. US 20160221456 further in view of Das et al. US 20140184163 further in view of King et al. US 20140277869.
With regards to claim 9 the combination fails to disclose, the method of claim 1 wherein the charging start time may be further based on external factors which vary over the expected duration of immobilization, wherein the external factors comprise one or more of: a. cost of electricity; and b. temperature of the environment.
However, King discloses the method of claim 1 wherein the charging start time may be further based on external factors which vary over the expected duration of immobilization, wherein the external factors comprise one or more of: cost of electricity (¶54 "The controller 26 may receive a user profile input at 210 regarding cost settings at 222 such as whether to charge now, charge as needed, or to minimize cost of charging"); and
temperature of the environment (¶44 "When the ambient temperature is outside the environmental temperature range, there is a high likelihood that the battery 50 will need to be heated or cooled based on the additional thermal effect on the battery temperature from the environment. If the battery is not conditioned during charging, energy from the battery may need to be used to cool or heat the battery when the vehicle operates. By conditioning the battery, energy used for heating or cooling the battery for the start of the trip comes from the charger 80, and less energy is then required from the battery 50 itself to thermally regulated the battery temperature while the vehicle is driving").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine Koji in view of Tanaka with King to take into account the cost and temperature in order to minimize costs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathan Instone whose telephone number is (571)272-1563. The examiner can normally be reached M-F 8-4 EST.
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/NATHAN J INSTONE/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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