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 action is in response to the Examiner interview which occurred on 02/19/2026. Claims 1-8, 11-19, and 30-33 are rejected.
Claim Interpretation
Claim 30 recites a method of using a power boost system, determining the level of available power boost via a processor, wherein the level of available power boost is determined by at least one of: a chance of damage or wear to components, a chance of reduced system performance, efficiency for current conditions or need for a power boost event, a chance of a vehicle safety event, and a chance for increased emissions. Here, the claim creates a list of possible determining factors only one of which is required. Thus, this claim can be read as: “wherein the level of available power boost is determined by at least one of: a chance of damage or wear to components” without having to consider the other conditions in the claim.
Claim 30 further recites “providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance for increased emissions. This limitation creates a conditional statement that can never occur. Because the chance for increased emissions is not required in the previous limitation, then the condition of “when considering the chance for increased emissions” can never occur. Because of this, this limitation and the remaining elements of “an aftertreatment system status, an existence of a zero emission zone or a low emission zone, and a look ahead information system” do not need to be mapped.
Therefore, under the above claim interpretation claim 30 is rejected under 35 USC § 102 as being anticipated by Weiss et al.
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) 1-8, 11, 12, 15, 16, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiss et al. (US 2013/0338875 A1, “Weiss”)
Regarding claims 1 and 5, Weiss discloses a method and device for determining a power reserve of an electric drive and teaches:
A method of using a power boost system, the method comprising: (The invention is directed towards a system and method for providing driving power, including boost, based on the request of a driver and the ability of the system – See at least – See at least ¶ [0002]-[0006])
requesting a power boost event; (Control unit(s) 22 are further connected to input device or gas pedal 26, in order to receive an input signal in the form of a power request. Appropriately to the input signal, the control unit(s) control electric machine 14 and power electronics 18, in order to initiate torque and the rotational speed on the drive shaft – See at least ¶ [0035])
determining the level of available power boost output of a power boost feature via the processor, wherein the level of available power boost output is determined by at least one of: (Control unit(s) 22 are able to control electric machine 14 temporarily beyond a so-called nominal operation, i.e., a boost, in order to make available temporarily and briefly increased power of electric machine 14 in the form of torque or rotational speed on the drive shaft, or to convert a torque in regenerative operation into electric power. Depending on the magnitude of the permanent loading of electric machine 14 or of power electronics 18, an increased power conversion is possible briefly or for the longer term. A maximally durable power of electric machine 14, in this instance, forms a constant power limit which may be exceeded briefly. If electric machine 14 or power electronics 18 has reached a limit of load capacity, no additional power is able to be provided, and control unit(s) 22 regulate down a torque requested in addition by input device 26, – See at least ¶ [0036] and [0037])
a chance of damage or wear to components; (If electric machine 14 or power electronics 18 has reached a limit of load capacity, no additional power is able to be provided, and control unit(s) 22 regulate down a torque requested in addition by input device 26, in order not to damage permanently electric machine 14 or power electronics 18 i.e., a chance of damage or wear to components – See at least ¶ [0036])
a chance of reduced system performance;
efficiency for current conditions or need for a power boost event; (the determination of the power reserve takes place based on models 34, the models 34 used being selected based on the currently available power reserve. The determination of the power reserve further takes place at 42 based on the power reserve up to now and the additionally requested torque requested – See at least ¶ [0039]; Examiner notes that a request torque is a need for a power boost event.)
a chance of a vehicle safety event; and
a chance for increased emissions; and
applying the determined level of available power boost output to a powertrain system by sending a signal to the powertrain of the vehicle from the processor, (If the power reserve is big enough so that the additionally requested torque and the additionally requested drive power is able to be provided for the predefined time period, this is displayed to the driver at 54, using display unit 28, and electric machine 14 is correspondingly controlled using control unit(s) 22 – See at least ¶ [0040]; Examiner notes that electric machine 14 is part of the powertrain system – See at least Fig. 1) wherein the applied power boost output level includes any power boost output value between and including 0% and 100% of the power boost feature; (The system will provide the driver’s additional power request for the minimum duration, i.e., power boost feature, based on the capacity of the power reserve, i.e., the output power level. In some instances the output power level will be able to meet the power feature, i.e., a value 100%, in other instances the output power level will not be available for the minimum duration, i.e., a value between 0%-100%, while other instances the system will not be able to provide any output power, i.e., value of 0%, to meet the demands of the driver See at least ¶ [0042]-[0047] and Fig. 3a-3d)
wherein the power boost system is compatible with all of an internal combustion vehicle, a battery electric vehicle, and a hybrid vehicle. (Drive train 12 may be setup to drive vehicle 10 on its own, with the aid of electric machine 14 (electric vehicle). As an alternative, electric machine 14 may be part of a hybrid drive train 12, and drive train 12 may include an additional driving motor (not denoted further in FIG. 1) such as an internal combustion engine or the like. In such a case, drive train 12 may additionally have a transmission and the like – See at least ¶ [0033])
Regarding claims 2 and 6, Weiss further teaches:
further comprising at least one information system communicatively coupled to the processor, the information system including at least one of a position of an accelerator pedal, a state of an accelerator pedal kick down switch, an enablement switch on a dash of the vehicle, and a touch-screen display of the vehicle. (Control unit(s) 22 are further connected to input device or gas pedal 26, in order to receive an input signal in the form of a power request – See at least ¶ [0035]; As shown in Fig. 1, the gas pedal is operated by stepping forward on the gas pedal, i.e., a position of an accelerator pedal)
Regarding claims 3 and 7, Weiss further teaches:
further comprising a user interface comprising a digital output, a datalink status message, or a combination of the datalink status message and the digital output to communicate and display information by the processor, including the level of available power boost. (Display unit 28, i.e., a user interface, has generally three display sections 56, 58, 60. The power reserve is continuously displayed by display section 56. Display section 56 is developed in this case, in exemplary fashion, as an analog pointer display, and continuously displays the power reserve. Display section 58, i.e., a digital output, indicates whether a power exceeding the normal constant power is being requested by the driver. In one particular specific embodiment, this additional power is only able to be requested via specific input actions of the driver. Display section 58 is developed in this case as a light-emitting element and, depending on the situation, may display, for instance, a green, yellow or red color signal. Display unit 28 also has a display section 60, i.e., a datalink status which is developed as a light-emitting symbol, and is shown in a yellow or red color, depending on the situation – See at least ¶ [0042] and Fig. 3)
Regarding claims 4 and 8, Weiss further teaches:
further comprising an event log communicatively coupled to the processor. (a control unit connected to the display unit, the control unit configured…to record a requested [torque], i.e., an event log – See at least ¶ [0006] and Claim 29.)
Regarding claim 11, Weiss further teaches:
further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance of damage or wear to components: (Control unit(s) 22 are connected directly or indirectly to electric machine 14, power electronics (18) and energy supply 20, in order to take up measured values, using measuring devices not shown, concerning – See at least ¶ [0035])
a battery health index;
a powertrain health index;
a battery temperature;
an electric machine temperature;
a power electronics temperature; (the current state, such as rotational speed, temperature, loading state or the like, carrying out thereby forward-going calculations, and showing the measured values or calculation results to the driver of vehicle 10 via display unit 28 – See at least ¶ [0035]-[0036]; Examiner notes that the temperature relates to the electric machine, power electronics, and a power supply, e.g., a battery and is considered to prevent overheating of components when making the power availability calculations.)
a battery state of charge; and
a torque capacity of a driveline or a transmission.
Regarding claim 12, Weiss further teaches:
wherein the processor limits the level of the power boost event when at least one of:
the battery health index is below a calibratable threshold;
the powertrain health index is below a calibratable threshold;
a battery temperature is above or equal to a first predetermined battery thermal threshold;
the battery temperature is below or equal to a second predetermined battery thermal threshold;
an electric machine temperature is above or equal to a first predetermined electric machine thermal threshold;
the electric machine temperature is below or equal to a second predetermined electric machine thermal threshold;
a power electronics temperature is above or equal to a first predetermined power electronics thermal threshold;
the power electronics temperature is below or equal to a second predetermined power electronics thermal threshold;
a state of charge of a battery is equal to or below a predetermined minimum state of charge threshold;
a predicted battery health index is below a first calibratable threshold;
a predicted powertrain health index is below a second calibratable threshold;
a predicted battery temperature is above or equal to the first predetermined battery thermal threshold;
the predicted battery temperature is below or equal to the second predetermined battery thermal threshold;
a predicted electric machine temperature is above or equal to the first predetermined electric machine thermal threshold;
the predicted electric machine temperature is below or equal to the second predetermined electric machine thermal threshold;
a predicted power electronics temperature is above or equal to the first predetermined power electronics thermal threshold;
the predicted power electronics temperature is below or equal to the second predetermined power electronics thermal threshold;
a predicted state of charge of the battery is equal to or below the predetermined minimum state of charge threshold;
a torque capacity of a driveline or a transmission is predicted to be exceeded; and (It is preferred, moreover, if the requested torque is regulated down when the load limit is reached. One may thereby avoid damage to the electric drive by overloading – See at least ¶ [0019]; Examiner notes that the load limit here is referring to the torque load of the motor – See at least ¶ [0039])
any combination of the above events.
Regarding claim 15, Weiss further teaches:
further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering efficiency for current conditions or need for the power boost event:
a look ahead information system; (In one additional specific embodiment of the present invention, data of a digital or of alternatively stored data on a possible route are taken into account in Such a way that future requests to be expected are observed from a known or expected routing of the road to give an available power (e.g. based on slopes and expected speeds) during the ascertainment of a permanently available power limit. The driver may thereby receive advice, via a display unit, on the extent he should lower a power reserve needed in the future – See at least ¶ [0026] and [0038])
a mass of the battery electric vehicle;
a speed of the battery electric vehicle;
a position of an accelerator pedal; (Control unit(s) 22 are further connected to input device or gas pedal 26, in order to receive an input signal in the form of a power request – See at least ¶ [0035]; As shown in Fig. 1, the gas pedal is operated by stepping forward on the gas pedal, i.e., a position of an accelerator pedal)
a road-grade sensor; and
a state of an accelerator pedal kick down switch.
Regarding claim 16, Weiss further teaches:
wherein the processor limits the level of the power boost event when at least one of:
the speed of the battery electric vehicle is not in compliance with a predetermined maximum speed threshold;
an acceleration rate of the vehicle is high in comparison with the position of the accelerator pedal;
a predicted speed of the battery electric vehicle is not in compliance with the predetermined maximum speed threshold;
a predicted acceleration rate of the battery electric vehicle is high in comparison with the position of the accelerator pedal;
the processor otherwise determines enablement of the power boost event is inefficient; or (At 44 it is checked whether the power reserve is greater than zero or equal to zero. If the power reserve is equal to zero, a corresponding signal is sent to the driver via display unit 28, as is shown at 46, and the requested torque and the provided torque are regulated down and not provided, as is shown at 48 – See at least ¶ [0040])
any combination of the above events.
Regarding claim 30, Weiss discloses a method and device for determining a power reserve of an electric drive and teaches:
A method of using a power boost system, the method comprising: (The invention is directed towards a system and method for providing driving power, including boost, based on the request of a driver and the ability of the system – See at least – See at least ¶ [0002]-[0006])
requesting a power boost event; (Control unit(s) 22 are further connected to input device or gas pedal 26, in order to receive an input signal in the form of a power request. Appropriately to the input signal, the control unit(s) control electric machine 14 and power electronics 18, in order to initiate torque and the rotational speed on the drive shaft – See at least ¶ [0035])
determining the level of available power boost via a processor, wherein the level of available power boost is determined by at least one of: (Control unit(s) 22 are able to control electric machine 14 temporarily beyond a so-called nominal operation, i.e., a boost, in order to make available temporarily and briefly increased power of electric machine 14 in the form of torque or rotational speed on the drive shaft, or to convert a torque in regenerative operation into electric power. Depending on the magnitude of the permanent loading of electric machine 14 or of power electronics 18, an increased power conversion is possible briefly or for the longer term. A maximally durable power of electric machine 14, in this instance, forms a constant power limit which may be exceeded briefly. If electric machine 14 or power electronics 18 has reached a limit of load capacity, no additional power is able to be provided, and control unit(s) 22 regulate down a torque requested in addition by input device 26, – See at least ¶ [0036] and [0037])
a chance of damage or wear to components; (If electric machine 14 or power electronics 18 has reached a limit of load capacity, no additional power is able to be provided, and control unit(s) 22 regulate down a torque requested in addition by input device 26, in order not to damage permanently electric machine 14 or power electronics 18 i.e., a chance of damage or wear to components – See at least ¶ [0036])
a chance of reduced system performance;
efficiency for current conditions or need for a power boost event; (the determination of the power reserve takes place based on models 34, the models 34 used being selected based on the currently available power reserve. The determination of the power reserve further takes place at 42 based on the power reserve up to now and the additionally requested torque requested – See at least ¶ [0039]; Examiner notes that a request torque is a need for a power boost event.)
a chance of a vehicle safety event; and
a chance for increased emissions;
providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance for increased emissions:
an aftertreatment system status;
an existence of a zero emission zone or a low emission zone; and
a look ahead information system; and
applying the determined power boost level to a powertrain system. (If the power reserve is big enough so that the additionally requested torque and the additionally requested drive power is able to be provided for the predefined time period, this is displayed to the driver at 54, using display unit 28, and electric machine 14 is correspondingly controlled using control unit(s) 22 – See at least ¶ [0040]; Examiner notes that electric machine 14 is part of the powertrain system – See at least Fig. 1)
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.
Claim(s) 13, 14, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss, as applied to claim 5, and in further view of Chen et al. (US 2018/0154787 A1, “Chen”).
Regarding claim 13, Weiss does not explicitly teach further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance of reduced system performance: the battery state of charge; available battery power; and available electric machine power. However, Chen discloses adaptive boost voltage for hybrid vehicle operation and teaches:
further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance of reduced system performance: (In another embodiment, a controller may adjust each DC bus voltage (V1 608, V2 610 , V3 612, and V4 614) dynamically based on historical driving, terrain, and conditions – See at least ¶ [0058]; Examiner nots that the DC bus voltage is the battery voltage – See at least ¶ [0057])
the battery state of charge;
available battery power; and (In yet another embodiment, the DC bus voltages (V1 608, V2 610, V2 612, and V4 614) may be predetermined based on a driving mode. For example, the DC-DC converter may be limited in operating at certain voltages based on a user selection. Consider a user selections such as Economy that may limit operation to non-boosting and V, 608; while normal operation may be limited to non - boosting , V , 608 , and V, 610; sport mode may be limited to non-boosting, V, 608, V2 610, and V3 612; and performance mode may allow all boosting capability including non-boosting, V 1 608, V2 610, V3 612, and V4 614 – See at least ¶ [0058])
available electric machine power.
In summary, Weiss discloses limiting or allowing boost based on environmental conditions and minimizes a cost function based on the vehicle model input, i.e., available power. Weiss does not explicitly teach further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance of reduced system performance: the battery state of charge; available battery power; and available electric machine power. However, Chen discloses adaptive boost voltage for hybrid vehicle operation and teaches that the boost may be adjusted based on historical driving, terrain, conditions, and a driving mode selected by the user. If an eco-mode is selected then the boost is limited within certain ranges, i.e., when a chance for reduced system performance exists. The eco-mode is accomplished by limiting the available battery power; therefore, Chen discloses a processor which is communicative coupled to an information system, i.e., a user input, that considers a chance of reduced system performance based on battery power information.
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss to provide for the adaptive boost voltage for hybrid vehicle operation, as taught in Chen, to improve fuel economy by reducing switching losses and reduce NVH issues while maintaining ripple current targets under worst case operating conditions. (At Chen ¶ [0039])
Regarding claim 14, Weiss further teaches:
wherein the processor limits the level of the power boost event when at least one of:
the available electric machine power is below or equal to a predetermined electric machine power threshold;
the available battery power is below or equal to a predetermined battery power threshold; (At 44 it is checked whether the power reserve is greater than zero or equal to zero. If the power reserve is equal to zero, a corresponding signal is sent to the driver via display unit 28, as is shown at 46, and the requested torque and the provided torque are regulated down and not provided, as is shown at 48 – See at least ¶ [0040])
a predicted available electric machine power is below or equal to the predetermined electric machine power threshold;
a predicted available battery power is below or equal to the predetermined battery power threshold; and (If it is determined at 44 that the power reserve is greater than zero, it is ascertained at 50 whether the power reserve is or will be greater than zero for a predetermined time period, i.e., a predicted available battery power, while taking into account the additionally requested torque and the additionally requested drive power. In other words, it is checked at 50 whether the additionally requested torque is able to be provided for the predefined time period, with respect to the power reserve. If additionally requested torque t cannot be made available for the predefined time period, a corresponding signal is sent to the driver via display unit 28 – See at least ¶ [0040])
any combination of the above events.
Regarding claim 17, Weiss does not explicitly teach, but Chen further teaches:
further comprising providing information to the processor by an information system communicatively coupled to the processor, the information system comprising at least one of the following when considering the chance of a vehicle safety event: (The controller may also be configured to operate in a combination, such as the driving mode as described above with the addition of dynamically adjusting the voltage limits based on historical driving, terrain, and conditions. Some of the conditions may include weight of the vehicle due to payload or passengers, and road conditions such as snow or off-road (mud, sand). The percentage of operating time may be based on historical use such that two vehicles having different drivers adapt to the driving style of each independent driver. For example, step magnitude of a percentage of operating time for a driver with “a heavy foot” may be higher than the same percentage of operating time for a driver with “a light foot” - See at least ¶ [0058]; Examiner notes that a heavy payload, road conditions, and driving style are all a chance of a safety event.)
a look ahead information system;
an advanced driver-assistance system; and
a weather condition. (Some of the conditions may include weight of the vehicle due to payload or passengers, and road conditions such as snow or off-road (mud, sand) – See at least ¶ [0058])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss to provide for the adaptive boost voltage for hybrid vehicle operation, as taught in Chen, to improve fuel economy by reducing switching losses and reduce NVH issues while maintaining ripple current targets under worst case operating conditions. (At Chen ¶ [0039])
Regarding claim 18, Weiss does not explicitly teach, but Chen further teaches:
wherein the processor limits the level of the power boost event when at least one of: (The controller may also be configured to operate in a combination, such as the driving mode as described above with the addition of dynamically adjusting the voltage limits based on historical driving, terrain, and conditions – See at least ¶ [0058])
the weather condition includes at least one of an ice event, a snow event, and a rain event, wherein the weather condition causes slippery road conditions; (Some of the conditions may include weight of the vehicle due to payload or passengers, and road conditions such as snow or off-road (mud, sand) – See at least ¶ [0058])
the advanced driver-assistance system indicates that a current battery electric vehicle is in traffic or another vehicle is otherwise closely located to the current battery electric vehicle;
a predicted weather condition includes at least one of an ice event, a snow event, and a rain event, wherein the predicted weather condition is predicted to cause slippery road conditions;
traffic is predicted on a route of the current battery electric vehicle; or
any combination of the above events.
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss to provide for the adaptive boost voltage for hybrid vehicle operation, as taught in Chen, to improve fuel economy by reducing switching losses and reduce NVH issues while maintaining ripple current targets under worst case operating conditions. (At Chen ¶ [0039])
Claims 19 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss in view of Niessen et al. (US 2006/0276952 A1, “Niessen”).
Regarding claim 19, Weiss further teaches:
further comprising: determining the level of available power boost via the processor (Depending on the magnitude of the permanent loading of electric machine 14 or of power electronics 18, an increased power conversion is possible briefly or for the longer term. A maximally durable power of electric machine 14, in this instance, forms a constant power limit which may be exceeded briefly – See at least ¶ [0036])
Weiss does not explicitly teach further comprising: determining the level of available power boost via the processor, by a chance for increased emissions. However, Niessen discloses methods for controlling engine starts for a vehicle power train and teaches:
further comprising: determining the level of available power boost via the processor, by a chance for increased emissions. (Assuming there are no subsystem component mal functions, the vehicle system controller interprets driver demands, such as the drive range selection at 32 and acceleration or deceleration demand at 34, and then deter mines a wheel torque command based on the driver demand and the powertrain limits. In addition, the vehicle system controller determines how much torque each power source needs to provide, and when it needs it, in order to meet driver demand and to achieve a specified vehicle performance, a desired fuel economy and a desired emission quality level. The vehicle system controller thus determines when the engine needs to be turned off and on. It also determines the engine operating point (i.e., the engine speed and torque) for a given engine power demand when the engine is on – See at least ¶ [0043] Examiner notes that determining an operation of or increase in engine demand is determining available power boost.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss to provide for the method for controlling engine starts for a vehicle powertrain, as taught in Niessen, for reducing response time for a driver demand for engine torque. (At Niessen ¶ [0014])
Regarding claim 31, Weiss does not explicitly teach, but Niessen further teaches:
wherein the processor limits the level of the power boost event so that enablement of the power boost feature does not require the processor to source a portion of an amount of needed electrical energy from a range extender of a range extended electric vehicle when the aftertreatment system status indicates a low emissions conversion efficiency. (As in the case of conventional continuously variable transmission vehicles, fuel economy and emission quality are improved by operating the engine in or near its most efficient region whenever possible. As previously explained, fuel economy potentially can be improved, as well as the emission quality, because the engine size can be reduced while maintaining the same vehicle performance due to the fact that there are two power sources. The engine can be stopped (turned off) and the motor can be used as the sole power source, i.e., the power boost is limited, if the required engine operating conditions for the engine are not favorable for fuel economy and emissions quality purposes – See at least ¶ [0039])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss to provide for the method for controlling engine starts for a vehicle powertrain, as taught in Niessen, for reducing response time for a driver demand for engine torque. (At Niessen ¶ [0014])
Claim(s) 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss in view of Nissen, as applied to claim 31, and in further view of Bell et al. (US 2019/0143821 A1, “Bell”).
Regarding claim 32, The combination of Weiss and Niessen does not explicitly teach wherein the processor limits the level of the power boost event so that enablement of the power boost feature does not require the processor to source a portion of an amount of needed electrical energy from a range extender of a range extended electric vehicle when use of the range extender will cause the range extended electrical vehicle to output emissions equal to or above a predetermined emissions output threshold. However, Bell discloses system and method for battery charging and teaches:
wherein the processor limits the level of the power boost event so that enablement of the power boost feature does not require the processor to source a portion of an amount of needed electrical energy from a range extender of a range extended electric vehicle when use of the range extender will cause the range extended electrical vehicle to output emissions equal to or above a predetermined emissions output threshold. (At t3, the vehicle enters the zero emissions zone. Engine operation is disabled by closing the intake throttle, fully opening the waste-gate, and disabling the e-turbo motor. The net result is a drop in boost pressure and engine speed. Between t3 and t4, the HEV motor continues to be operated to propel the vehicle, with the motor torque output by the motor to the driveline varying as the operator torque demand varies. The SOC starts to drop accordingly – See at least ¶ [0081]; Examiner notes that the zero emissions zone has a output emissions equal to zero.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss and Niessen to provide for the system and method for battery charging, as taught in Bell, so a minimum battery charge can be maintained at all times, improving the performance of a hybrid electric vehicle. (At Bell ¶ [0007])
Regarding claim 33, the combination of Weiss and Niessen does not explicitly teach, but Bell further teaches:
wherein the range extended electrical vehicle is in a zero emissions zone, a low emissions zone, is predicted to be in a zero emissions zone, or is predicted to be in a low emissions zone. (At t2, based on navigational input, it is predicted that the vehicle will be entering a zero emissions zone where engine operation is not allowed and the vehicle has to be operated in an electric mode. In particular, entry into the zero emissions zone is predicted at or around t3 – See at least ¶ [0079])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method and device for determining a power of an electric drive of Weiss and Niessen to provide for the system and method for battery charging, as taught in Bell, so a minimum battery charge can be maintained at all times, improving the performance of a hybrid electric vehicle. (At Bell ¶ [0007])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHASE L COOLEY whose telephone number is (303)297-4355. The examiner can normally be reached Monday-Thursday 7-5MT.
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/C.L.C./Examiner, Art Unit 3662
/ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662