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 .
Response to Arguments
The objection to claim 12 has been withdrawn in light of the current amendments to the claim.
Applicant’s arguments, see page 9, with respect to the rejection(s) of claims(s) 4, 12, 15, 19 and 23 under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejections have been withdrawn.
Applicant's arguments, see pages 9-13, with respect to the rejections of claim(s) 3-5, 15-16, 18-20 and 22-24 under 35 U.S.C. 103, as applicable to amended claims 1, 12 and 14 have been fully considered but they are not persuasive. Applicant argues that Oh and Azuma offer differing approaches to fuel cell activation and deactivation management from the claimed invention. For example, Applicant argues that Oh uses map-based, predictive control to activate and deactivate the vehicle fuel cell, whereas the claimed invention “dynamically adjusts the activation/deactivation of the fuel cell based on real-time road conditions.” However, Oh also activates and deactivates the fuel cell based on road conditions as discussed in paragraphs 0053, 0058-0059 and 0064. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., predictive control) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
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, 4, 12, 14-15, 19, 17, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US Patent Application Publication 2016/0046204) in view of Azuma (US Patent Number 5,631,532).
Regarding claims 1 and 4, Oh discloses a method for controlling a fuel cell of a vehicle, the vehicle comprising the fuel cell (130) and a power battery (110), the method comprising:
detecting road condition information for a planned driving route of the vehicle [0048, 0050];
detecting a battery level of the power battery [0048],
controlling an activation or a deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery [0048].
wherein the controlling an activation or a deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery comprises:
controlling the fuel cell to be deactivated when the battery level of the power battery is smaller than the first threshold and the road condition information meets a special road condition, wherein the special road condition comprises at least one of: a ramp is smaller than a gradient threshold and a length is greater than a first length threshold, time duration of a red light is greater than a time threshold, a velocity of the vehicle is smaller than a velocity threshold, and a distance of the vehicle to a destination is smaller than a second length threshold [0053, 0058-0059, 0064, Oh discloses deactivating the fuel cell when the state of charge of the battery 110 is less than the first value, which is a 90% charge level for example, the amount of power output from the fuel cell is greater than an amount of power required for the fuel cell for the planned driving route and the fuel cell is currently off; the amount of power required for the fuel cell for the planned driving route is determined based on factors such as the slope (change in elevation or ramp) of the road along the planned driving route, a distance from a vehicle departure point to its destination along the planned driving route and vehicle speed; a decrease in the ramp for a given vehicle speed along an uphill driving section for example is a special road condition that reduces an amount of power required for the fuel cell along the planned driving route];
controlling the fuel cell to be activated when the battery level of the power battery is smaller than or equal to a third threshold [0059-0060, Oh discloses turning on the fuel cell when the battery charge level is below a second value, which is for example a 60% charge level].
Oh does not disclose the additional condition for controlling the fuel cell to be deactivated includes the battery level of the power battery is greater than or equal to a second threshold, the second threshold greater than the third threshold and less than the first threshold.
Azuma discloses a fuel cell/battery hybrid power system for a vehicle (Title) comprising a routine for activating and deactivating the fuel cell (3) based on battery level of the power battery (1) wherein the fuel cell is deactivated when the battery level of the power battery is greater than or equal to a second threshold, and wherein the fuel cell is activated when the battery level of the power battery is smaller than or equal to a third threshold, the second threshold greater than the third threshold and less than a first threshold (Col. 6, lines 52-63; Col. 8, lines 61-65, as shown in Figure 4(b) the charge level (residual capacity) of the battery increases and decreases based on changes in vehicle operation; the fuel cell is first activated at the start of line C when the battery charge level decreases below a third threshold 60% capacity and the fuel cell is deactivated after line C when the charge level decreases below a first threshold 90% capacity, but is greater than a second threshold 70% capacity and the third threshold 60% capacity).
Azuma teaches that deactivating the fuel cell for a fixed time period following output of the fuel cell prevents a frequent change in the output of the fuel cell as the charge level of the battery changes (Col. 7, lines 46-50). Azuma teaches that by preventing a frequent change in the output of the fuel cell, thermal fatigue of the fuel cell is avoided (Col. 7, lines 36-40).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the additional condition for controlling the fuel cell to be deactivated when the battery level is between the first threshold and second threshold following output of the fuel cell as disclosed by Oh to the determination of whether to activate or deactivate the fuel cell when the battery charge level is between the first threshold and the third threshold disclosed by Oh because, as taught by Azuma, deactivating the fuel cell at this time point and condition prevents a frequent change in the output of the fuel cell, thereby preventing thermal fatigue of the fuel cell and thus, for example, extending the operating life of the fuel cell.
Regarding claim 2, Oh further discloses wherein the controlling the activation or the deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery comprises:
controlling the fuel cell to be deactivated when the battery level of the power battery is greater than or equal to a first threshold [0058].
Regarding claims 12 and 19, Oh discloses a computer processing apparatus, comprising:
a memory (220) in which a computer readable code is stored [0038]; and
at least one processor, wherein the computer readable code, when executed by the at least one processor, causes the computing processing apparatus to perform operations for controlling a fuel cell (130) of a vehicle, the vehicle comprises the fuel cell and a power battery (110) [0038], and the operations comprise:
detecting road condition information for a planned driving route of the vehicle [0048, 0050];
detecting a battery level of the power battery (110) [0048];
controlling an activation or a deactivation of the fuel cell (130) based on the road condition information and/or the battery level of the power battery [0048],
wherein the controlling an activation or a deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery comprises:
controlling the fuel cell to be deactivated when the battery level of the power battery is smaller than the first threshold and the road condition information meets a special road condition, wherein the special road condition comprises at least one of: a ramp is smaller than a gradient threshold and a length is greater than a first length threshold, time duration of a red light is greater than a time threshold, a velocity of the vehicle is smaller than a velocity threshold, and a distance of the vehicle to a destination is smaller than a second length threshold [0053, 0058-0059, 0064, Oh discloses deactivating the fuel cell when the state of charge of the battery 110 is less than the first value, which is a 90% charge level for example, the amount of power output from the fuel cell is greater than an amount of power required for the fuel cell for the planned driving route and the fuel cell is currently off; the amount of power required for the fuel cell for the planned driving route is determined based on factors such as the slope (change in elevation or ramp) of the road along the planned driving route, a distance from a vehicle departure point to its destination along the planned driving route and vehicle speed; a decrease in the ramp for a given vehicle speed along an uphill driving section for example is a special road condition that reduces an amount of power required for the fuel cell along the planned driving route];
controlling the fuel cell to be activated when the battery level of the power battery is smaller than or equal to a third threshold [0059-0060, Oh discloses turning on the fuel cell when the battery charge level is below a second value, which is for example a 60% charge level].
Oh does not disclose the additional condition for controlling the fuel cell to be deactivated includes the battery level of the power battery is greater than or equal to a second threshold, the second threshold greater than the third threshold and less than the first threshold.
Azuma discloses a fuel cell/battery hybrid power system for a vehicle (Title) comprising a routine for activating and deactivating the fuel cell (3) based on battery level of the power battery (1) wherein the fuel cell is deactivated when the battery level of the power battery is greater than or equal to a second threshold, and wherein the fuel cell is activated when the battery level of the power battery is smaller than or equal to a third threshold, the second threshold greater than the third threshold and less than a first threshold (Col. 6, lines 52-63; Col. 8, lines 61-65, as shown in Figure 4(b) the charge level (residual capacity) of the battery increases and decreases based on changes in vehicle operation; the fuel cell is first activated at the start of line C when the battery charge level decreases below a third threshold 60% capacity and the fuel cell is deactivated after line C when the charge level decreases below a first threshold 90% capacity, but is greater than a second threshold 70% capacity and the third threshold 60% capacity).
Azuma teaches that deactivating the fuel cell for a fixed time period following output of the fuel cell prevents a frequent change in the output of the fuel cell as the charge level of the battery changes (Col. 7, lines 46-50). Azuma teaches that by preventing a frequent change in the output of the fuel cell, thermal fatigue of the fuel cell is avoided (Col. 7, lines 36-40).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the additional condition for controlling the fuel cell to be deactivated when the battery level is between the first threshold and second threshold following output of the fuel cell as disclosed by Oh to the determination of whether to activate or deactivate the fuel cell when the battery charge level is between the first threshold and the third threshold disclosed by Oh because, as taught by Azuma, deactivating the fuel cell at this time point and condition prevents a frequent change in the output of the fuel cell, thereby preventing thermal fatigue of the fuel cell and thus, for example, extending the operating life of the fuel cell.
Regarding claims 14-15 and 23, Oh discloses a non-transitory computer readable storage medium, which stores a computer program, that, when executed by a processor of a computer processing apparatus, causes the processor of the computer processing apparatus to perform operations for controlling a fuel cell (130) of a vehicle, the vehicle comprises the fuel cell and a power battery (110) [0038, 0078-0079], and the operations comprise:
detecting road condition information for a planned driving route of a vehicle [0048, 0050];
detecting a battery level of the power battery (110) [0048];
controlling an activation or a deactivation of the fuel cell (130) based on the road condition information and/or the battery level of the power battery [0048],
wherein the controlling an activation or a deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery comprises:
controlling the fuel cell to be deactivated when the battery level of the power battery is smaller than the first threshold and the road condition information meets a special road condition, wherein the special road condition comprises at least one of: a ramp is smaller than a gradient threshold and a length is greater than a first length threshold, time duration of a red light is greater than a time threshold, a velocity of the vehicle is smaller than a velocity threshold, and a distance of the vehicle to a destination is smaller than a second length threshold [0053, 0058-0059, 0064, Oh discloses deactivating the fuel cell when the state of charge of the battery 110 is less than the first value, which is a 90% charge level for example, the amount of power output from the fuel cell is greater than an amount of power required for the fuel cell for the planned driving route and the fuel cell is currently off; the amount of power required for the fuel cell for the planned driving route is determined based on factors such as the slope (change in elevation or ramp) of the road along the planned driving route, a distance from a vehicle departure point to its destination along the planned driving route and vehicle speed; a decrease in the ramp for a given vehicle speed along an uphill driving section for example is a special road condition that reduces an amount of power required for the fuel cell along the planned driving route];
controlling the fuel cell to be activated when the battery level of the power battery is smaller than or equal to a third threshold [0059-0060, Oh discloses turning on the fuel cell when the battery charge level is below a second value, which is for example a 60% charge level].
Oh does not disclose the additional condition for controlling the fuel cell to be deactivated includes the battery level of the power battery is greater than or equal to a second threshold, the second threshold greater than the third threshold and less than the first threshold.
Azuma discloses a fuel cell/battery hybrid power system for a vehicle (Title) comprising a routine for activating and deactivating the fuel cell (3) based on battery level of the power battery (1) wherein the fuel cell is deactivated when the battery level of the power battery is greater than or equal to a second threshold, and wherein the fuel cell is activated when the battery level of the power battery is smaller than or equal to a third threshold, the second threshold greater than the third threshold and less than a first threshold (Col. 6, lines 52-63; Col. 8, lines 61-65, as shown in Figure 4(b) the charge level (residual capacity) of the battery increases and decreases based on changes in vehicle operation; the fuel cell is first activated at the start of line C when the battery charge level decreases below a third threshold 60% capacity and the fuel cell is deactivated after line C when the charge level decreases below a first threshold 90% capacity, but is greater than a second threshold 70% capacity and the third threshold 60% capacity).
Azuma teaches that deactivating the fuel cell for a fixed time period following output of the fuel cell prevents a frequent change in the output of the fuel cell as the charge level of the battery changes (Col. 7, lines 46-50). Azuma teaches that by preventing a frequent change in the output of the fuel cell, thermal fatigue of the fuel cell is avoided (Col. 7, lines 36-40).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the additional condition for controlling the fuel cell to be deactivated when the battery level is between the first threshold and second threshold following output of the fuel cell as disclosed by Oh to the determination of whether to activate or deactivate the fuel cell when the battery charge level is between the first threshold and the third threshold disclosed by Oh because, as taught by Azuma, deactivating the fuel cell at this time point and condition prevents a frequent change in the output of the fuel cell, thereby preventing thermal fatigue of the fuel cell and thus, for example, extending the operating life of the fuel cell.
Regarding claims 17 and 21, Oh further discloses wherein the operation of controlling the activation or the deactivation of the fuel cell based on the road condition information and/or the battery level of the power battery comprises:
controlling the fuel cell to be deactivated when the battery level of the power battery is greater than or equal to a first threshold [0058].
Allowable Subject Matter
Claims 25-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
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