Prosecution Insights
Last updated: August 16, 2026
Application No. 17/994,694

POWER BATTERY HEATING METHOD AND DEVICE FOR ELECTRIC VEHICLE AND VEHICLE

Non-Final OA §103
Filed
Nov 28, 2022
Priority
May 29, 2020 — CN 202010476466.4 +1 more
Examiner
KOUSAR, SADIA
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BYD Company Limited
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
79 granted / 121 resolved
-2.7% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
27 currently pending
Career history
163
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
57.7%
+17.7% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/26/2026 has been entered. Response to Arguments Applicant's arguments filed 05/06/2026 have been fully considered but they are not persuasive. Applicant argues on page 9, “when a current Ia is output from the battery, a loss based on the internal resistance turns out to be heat, and the temperature of the battery rises due to its self-heating”, and the applicant is referring to the equation 3 of paragraph [0033]. The examiner wants to make it clear it is not the same compensating current as Ia (in S205). The applicant is referring W= Ia.sup.2Rit which is the battery self-heating current and is not enough to keep the battery at the optimal temperature. The required heating can be achieved by driving the motor at a specific torque (see the equation 4, paragraph [0036]). Applicant further argues on page 9, “However, Kojima's teaching of calculating both d-axis current and the q-axis current that are outputted by the power battery cannot constitute "the high-frequency oscillation current is a current outputted by the driving motor to the power battery and is corresponding to an increased reactive power to the driving motor while maintaining an active power of the driving motor" as recited in amended claim 1.” The examiner respectfully disagrees. Kojima discloses FIG. 4 schematically shows the d-axis and q-axis current values for the required drive in relation to the target total current Ia which is set in accordance with the battery temperature (paragraph [0040]). The whole fig. 4 provides the explanation of driving the motor in such a way that it can output the current which is capable of producing enough heat to warm the battery up to a specific temperature value (paragraph [0041]-[0042]). Kojima discloses two currents in fig. 4 iq (active power current; because the q axis current is produced when the vehicle is active and the motor is actively produced power), which produces active power, and id (reactive power current; because the d axis current is produced due to magnetic flux, paragraph [0004]), which produces reactive power. When the battery temperature is lower than T1, for example, equal to T2 or T3, the target total current is set to Ia2 or Ia3 (Ia1<Ia2<Ia3). In this instance, a correction is made so that the d-axis current increases with a decrease in the battery temperature even when the required drive torque D (q-axis current value) remains unchanged (paragraph [0042]). It shows that if the temperature of the battery is low, the high frequency current can be generated by controlling the torque of the driving motor (reactive part) to warm up the battery. The applicant's argument regarding claim 6 is persuasive. Thus, claim 6 is rejected with new grounds. 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) 1-5, 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kojima et al. (US 2012/0200241), herein after Kojima and Song (CN 107487205A), attached is human translation. Regarding claim 1, Kojima discloses battery needs to be warmed up. When, for instance, the battery temperature acquired at step S101 is not higher than a predetermined value, battery warm-up is judged at step S104 to be necessary, so that processing proceeds to step S200, step s104, fig. 2) set by a user of the electric vehicle; acquiring power demand information of a driving module of the electric vehicle in real time, and determining a current heating power of the power battery according to the power demand information (the vehicle ECU 30 calculates a torque command (required drive torque) to be output from the drive motor 10 in accordance with a value sensed by the accelerator pedal sensor 13 and the information acquired through the vehicle network at step 102, paragraph [0030], fig. 2; Note: by reviewing the specification the power demand information includes torque demand information, rotational speed demand information, and the like, (PGPub (0020)), and determining a current heating power of the power battery according to the power demand information), wherein the driving module (12+10, fig. 1) is connected with the power battery (12+10 is connected to the battery 20, fig. 1); and the driving module comprises a motor controller and a driving motor (12+10, fig. 1); when the current heating power is less than the heating power demand (We is less than the Wr, S203, fig. 2), acquiring a compensating heating current according to the heating power demand and the current heating power to achieve the heating power demand set by the user (compensating current is calculated at the step S205 according to Wr and We at the step s204, fig. 2); causing, during control of the driving motor to drive the electric vehicle into operation according to the power demand information by the motor controller (s206 shows the correction of d-axis current according to the power demand information in step s102, fig. 2, 3; where the d-axis current is adjusted by the operation of the motor controlled by the controller, paragraph [0026]), the motor controller to regulate a control current of the driving motor according to the compensating heating current, so that the driving motor outputs a high-frequency oscillation current equal to the compensating heating current (step s206 calculate the compensating current which is used to warm up the battery at the required heating demand, paragraph [0041]-[0043]Note: the current is an alternating current (AC) and if the current is used to warm the battery then it would be inherently has the high oscillation frequency to produce heat); and causing the power battery to perform self-heating according to the high-frequency oscillation current outputted by the driving motor (paragraph [0033]-[0034]), wherein the driving motor and the power battery are connected in series (motor 10 and battery 20 is connected in series through the inverter, 11, fig. 1; please note that the motor 1 and battery 11 is also connected in series through the inverter 12, in instant application fig. 5), and the high- frequency oscillation current (Ia of equation 4; paragraph [0035]-[0037]) is a current outputted by the driving motor to the power battery (paragraph [0041] the Ia current is produced by adjusting the driving torque of the driving motor) and is corresponding to an increased reactive power to the driving motor while maintaining an active power of the driving motor (two currents in fig. 4 iq (active power current; because the q axis current is produced when the vehicle is active and the motor is actively produced power), which produces active power, and id (reactive power current; because the d axis current is produced due to magnetic flux, paragraph [0004]), which produces reactive power. When the battery temperature is lower than T1, for example, equal to T2 or T3, the target total current is set to Ia2 or Ia3 (Ia1<Ia2<Ia3). In this instance, a correction is made so that the d-axis current increases with a decrease in the battery temperature even when the required drive torque D (q-axis current value) remains unchanged (maintaining the active power) (paragraph [0042]). It shows that if the temperature of the battery is low, the high frequency current can be generated by controlling the torque of the driving motor (reactive part) to warm up the battery.). However, Kojima is silent about the heating power demand of power battery is set by user. Song discloses the electric vehicle power battery can be warm up according to the instruction of the user (paragraph [0040]-[0041], Abstract). It would have been obvious to one of the ordinary skills in the art, before the effective filing date of the claimed invention to modify Kojima’s battery heating system to include the instruction to heat the battery set by user as taught by Song, in order to provide flexible control of battery temperature, reduce unnecessary energy consumption, and ensure proper battery performance under different environmental conditions. Regarding claim 2, Kojima further discloses wherein the power demand information comprises torque demand information and rotational speed demand information (step 102 shows the power demand information which is required drive torque, fig. 2, paragraph [0030]: Note the torque is directly related to the rotational speed); and the determining a current heating power of the power battery according to the power demand information (calculating the heating current at the step s205, fig. 3) comprises: obtaining driving information of the driving motor according to the torque demand information and the rotational speed demand information (s102, fig. 2); and determining, according to the driving information, a driving current during the control of the driving motor to drive the electric vehicle into operation by the motor controller (paragraph [0070]), and determining the current heating power for heating the power battery according to the driving current (s205,fig. 3, paragraph [0070]-[0071]). Regarding claim 3, Kojima further discloses wherein the causing the motor controller to regulate a control current of the driving motor according to the compensating heating current, so that the driving motor outputs a high-frequency oscillation current equal to the compensating heating current (paragraph [0046]-[0048])comprises: acquiring a reactive power of the driving motor in real time (paragraph [0033] the equation shows the reactive power of the motor which can warm up the battery); and acquiring a maximum limit power of the motor controller (fig. 4 and 5 shows the value of the maximum limit for the power), and causing the motor controller to increase the control current of the driving motor according to the compensating heating current, the reactive power, and the maximum limit power, so that the driving motor outputs the high- frequency oscillation current equal to the compensating heating current (paragraph [0033]-[0038]). Regarding claim 4, Kojima further discloses wherein the causing the motor controller to increase the control current of the driving motor according to the compensating heating current, the reactive power, and the maximum limit power, so that the driving motor outputs the high-frequency oscillation current equal to the compensating heating current comprises: acquiring a difference power according to the compensating heating current and an internal resistance value of the power battery; and denoting a sum of the difference power and the reactive power as a superimposed power, and obtaining a superimposed current according to the superimposed power and the internal resistance value of the power battery, so as to increase the control current of the driving motor to the superimposed current (paragraph [0033]-[0038]). Regarding claim 5, Kojima further discloses wherein the increasing the control current of the driving motor to a superimposed current comprises: increasing the control current of the driving motor to the superimposed current by increasing an exciting current of the driving motor or through space vector modulation (paragraph [0033]-[0038]), such that the reactive power is increased while ensuring that an active power corresponding to the power demand information is satisfied (when the required drive torque is zero (the vehicle is in a stopped state), the q-axis current value iq is zero, the d-axis current id1 is set to target total current Ia1 (id1=Ia1), paragraph [0042] Note: Reactive power (Q) is the power (kvar) that oscillates between the battery and the motor to create magnetic fields, without performing mechanical work. When the inverter drives the motor in a way that creates high reactive current flow within the windings while maintaining a net zero torque. Thus, when the torque is zero, the reactive power increase and the real power remain stable). Regarding claim 7, Kojima discloses a power battery heating device for an electric vehicle (fig. 1), comprising: a driving module (12+10, fig. 1), a three-phase inverter (11, fig. 1), and a controller (30, fig. 1), wherein the driving module comprises a motor controller and a driving motor (12+10, fig. 1); the motor controller is connected with the three-phase inverter , the controller, and the driving motor (12 is connected to 11, and it is further connected to 30, fig. 1); the three-phase inverter is connected with the power battery and the driving motor (11 is connected with the battery and the motor 10, fig. 1); the controller is connected with the power battery (the controller 30 is connected to the battery 21 fig. 1); and the controller is configured to: acquire a heating power demand of the power battery (at step S104, the vehicle ECU30 or the motor ECU 12 judges whether the battery needs to be warmed up. When, for instance, the battery temperature acquired at step S101 is not higher than a predetermined value, battery warm-up is judged at step S104 to be necessary, so that processing proceeds to step S200, step s104, fig. 2); acquire power demand information of the driving module of the electric vehicle in real time (the vehicle ECU 30 calculates a torque command (required drive torque) to be output from the drive motor 10 in accordance with a value sensed by the accelerator pedal sensor 13 and the information acquired through the vehicle network at step 102, paragraph [0030], fig. 2; Note: by reviewing the specification the power demand information includes torque demand information, rotational speed demand information, and the like, (PGPub (0020))), and determine a current heating power of the power battery according to the power demand information (in step s101 the current temperature of the battery is measured, paragraph [0030], fig. 2 ); when the current heating power is less than the heating power demand (We is less than the Wr, S203, fig. 2), acquire a compensating heating current according to the heating power demand (s201, fig. 3) and the current heating power (s202, fig. 3); cause, during control of the driving motor to drive the electric vehicle into operation according to the power demand information by the motor controller (s206 shows the correction of d-axis current according to the power demand information in step s102, fig. 2, 3; where the d-axis current is adjusted by the operation of the motor controlled by the controller, paragraph [0026]), the motor controller to regulate a control current of the driving motor according to the compensating heating current, so that the driving motor outputs a high-frequency oscillation current equal to the compensating heating current (paragraph [0041]-[0043]), paragraph [0039]; Note: that ECU output a pulse signal to drive the motor, thus the compensating heating current to drive the motor is also in the form of oscillated form, paragraph [0026]-[0027] ); and cause the power battery to perform self-heating according to the high-frequency oscillation current outputted by the driving motor (paragraph [0033]-[0034]), wherein the driving motor and the power battery are connected in series (motor 10 and battery 20 is connected in series through the inverter, 11, fig. 1; please note that the motor 1 and battery 11 is also connected in series through the inverter 12, in instant application fig. 5), and the high- frequency oscillation current (Ia of equation 4; paragraph [0035]-[0037]) is a current outputted by the driving motor to the power battery (paragraph [0041] the Ia current is produced by adjusting the driving torque of the driving motor) and is corresponding to an increased reactive power to the driving motor while maintaining an active power of the driving motor (two currents in fig. 4 iq (active power current; because the q axis current is produced when the vehicle is active and the motor is actively produced power), which produces active power, and id (reactive power current; because the d axis current is produced due to magnetic flux, paragraph [0004]), which produces reactive power. When the battery temperature is lower than T1, for example, equal to T2 or T3, the target total current is set to Ia2 or Ia3 (Ia1<Ia2<Ia3). In this instance, a correction is made so that the d-axis current increases with a decrease in the battery temperature even when the required drive torque D (q-axis current value) remains unchanged (maintaining the active power) (paragraph [0042]). It shows that if the temperature of the battery is low, the high frequency current can be generated by controlling the torque of the driving motor (reactive part) to warm up the battery.). However, Kojima is silent about the heating power demand of power battery is set by user. Song discloses the electric vehicle power battery can be warm up according to the instruction of the user (paragraph [0040]-[0041], Abstract). It would have been obvious to one of the ordinary skills in the art, before the effective filing date of the claimed invention to modify Kojima’s battery heating system to include the instruction to heat the battery set by user as taught by Song, in order to provide flexible control of battery temperature, reduce unnecessary energy consumption, and ensure proper battery performance under different environmental conditions. Regarding claim 8, Kojima further discloses wherein the power demand information comprises torque demand information and rotational speed demand information(step 102 shows the power demand information which is required drive torque, fig. 2, paragraph [0030]: Note the torque is directly related to the rotational speed) ; and the controller is further configured to: acquire driving information of the driving motor according to the torque demand information and the rotational speed demand information(s102, fig. 2); determine, according to the driving information, a driving current during the controlling of the driving motor to drive the electric vehicle into operation by the motor controller(paragraph [0070]); and determine the current heating power for heating the power 29battery according to the driving current(s205,fig. 3, paragraph [0070]-[0071]). Regarding claim 9, Kojima further discloses wherein the controller is further configured to: acquire a reactive power of the driving motor in real time(paragraph [0033] the equation shows the reactive power of the motor which can warm up the battery); acquire a maximum limit power of the motor controller (fig. 4 and 5 shows the value of the maximum limit for the power); and cause the motor controller to increase the control current of the driving motor according to the compensating heating current, the reactive power, and the maximum limit power, so that the driving motor outputs the high-frequency oscillation current equal to the compensating heating current(paragraph [0033]-[0038]). Regarding claim 10, Kojima further discloses a vehicle, comprising the power battery heating device according to claim 7 (see the rejection of claim 7) and a power battery associated with the power battery heating device (power battery 20 and its heating system , fig. 1). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 2012/0200241), and Song (CN 107487205A) as applied to claim 1 above, and further in view of Krieger et al. (US 2006/0001401), herein after Krieger. Regarding claim 6, Kojima in view of Song discloses a power battery heating method of claim 1, Kojima further discloses wherein after the causing, during control of the driving motor to drive the electric vehicle into operation according to the power demand information by the motor controller, the motor controller to regulate a control current of the driving motor according to the compensating heating current, so that the driving motor outputs a high-frequency oscillation current equal to the compensating heating current (paragraph [0033]-[0038]), the method further comprises: acquiring a high-frequency oscillation current outputted by the driving motor after the regulation, and detecting a real-time temperature of the power battery, and prompting a temperature anomaly of the power battery when the real-time temperature is less than a lower limit of a preset normal temperature range (the process of figs 2 and 3 is repeatedly performed to make the temperature of the battery at the optimum required temperature, paragraph [0039]Note: the process is performed at one time interval and check the temperature again through the battery temperature sensor and repeat if needed); the battery sensor 22 calculate the battery temperature in real time and compare it with the required temperature in order to adjust the compensating current, see the steps of figs. 2 and 3). However, they are silent about prompting a regulation failure if the high-frequency oscillation current is less than the compensating heating current. Krieger discloses a controller to detect the current in the system and prompting the fault in the system if the detected current is less than the predetermined current (claim 10). It would have been obvious to one of the ordinary skills in the art, before the effective filing date of the claimed invention, to modify Kojima’s system in view of Song to have the instruction in the controller to determine the failure in the system if the compensating current is less than the predetermined value as taught by Krieger, in order to have the diagnostic feedback to predictably ensure that the commanded heat current is actually produced and would identify the failure of the heating current regulation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SADIA KOUSAR whose telephone number is (571)272-3386. The examiner can normally be reached M-Th 7:30am-5:30pm. Examiner interviews are 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, Julian Huffman can be reached at (571) 272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. SADIA . KOUSAR Examiner Art Unit 2859 /JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
Read full office action

Prosecution Timeline

Nov 28, 2022
Application Filed
Nov 06, 2025
Non-Final Rejection mailed — §103
Jan 27, 2026
Response Filed
Mar 17, 2026
Final Rejection mailed — §103
May 06, 2026
Response after Non-Final Action
May 26, 2026
Request for Continued Examination
May 28, 2026
Response after Non-Final Action
Jun 25, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
76%
With Interview (+10.7%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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