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 .
Priority
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claim 15 is drawn to a process “A temperature control method” and thus meet the requirements for step 1.
Step 2a /prong 1)
“obtaining a temperature at a current moment of a device” is a metal process. MPEP 2106.049(a)(2)(III) states that mental processes include observations, evaluations, judgements, and opinions. In this case, a person could visually observe temperature readings from a thermometer connected to a device to obtain a current temperature.
“obtaining a predicted temperature at a next moment based on the temperature at the current moment and a temperature prediction model” is a mental process. A person can obtain a predicted temperature with a pencil and paper to perform calculations based on a current temperature and math equation or model.
It is noted that claim 15 does not require a computer/controller to perform any of the claimed steps. Accordingly, the claims recite an abstract idea.
Step 2a /prong 2)
“outputting a temperature adjustment instruction to adjust a temperature of the device based on the predicted temperature at the next moment and a temperature threshold” merely appends the abstract idea with a field of use. MPEP 2106.05(h) states that collecting, analyzing, and outputting data is an abstract idea, regardless of the particular technological environment. In this case, the abstract idea includes collecting current temperature data, obtaining a predicted temperature data through an equation, and then outputting temperature adjustment instructions. The device is merely tangential to the abstract idea.
The additional elements of the claim, analyzed individually or in an ordered combination, do not integrate the abstract idea into a practical application because the additional elements amount to data input and data output in a particular technological environment.
Step 2b
The additional elements analyzed in Step 2A, Prong 2 are directed to insignificant extra-solution activity and field of use, as discussed above.
“outputting a temperature adjustment instruction to adjust a temperature of the device based on the predicted temperature at the next moment and a temperature threshold” is well-understood, routine and conventional functionality in the field of use. Outputting adjustment information amounts to transmitting data over a network (see Fig 1). MPEP 2106.05(d)(II) states that transmitting data over a network is well-understood, routine and conventional computer activity [Symantec].
The additional elements of the claim, analyzed individually or in an ordered combination, do not amount to significantly more than the abstract idea because the additional elements amount to well-understood, routine and conventional activity on a computer or in the field of use.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that uses the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
(i) temperature detection module (claim 1, line 4),
(ii) temperature control module (claim 1, line 6),
(iii) temperature adjustment module (claim 1, line 11), because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitation
(i) temperature detection module (claim 1, line 4),
(ii) temperature control module (claim 1, line 6),
(iii) temperature adjustment module (claim 1, line 11), has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
(i) temperature detection module (claim 1, line 4), US 2024/0111319, Figures 1, 3, temperature detection module 1 includes a temperature detection unit 11, which is a thermocouple temperature measurement circuit, a thermal resistor temperature measurement circuit or a temperature acquisition chip (0041);
the temperature detection module 1 includes a temperature detection precision processing unit 12 including a voltage follower circuit, a feedback amplifier circuit and a filter circuit (0044)
(ii) temperature control module (claim 1, line 6), Fig 1, temperature control module 2, (0031-0034)
(iii) temperature adjustment module (claim 1, line 11), Fig 8, temperature adjustment module 3 includes a heating unit 31 configured to heat the device to increase the temperature thereof, and a cooling unit 32 configured to cool the device to decrease the temperature thereof, (0055)
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 8, 11, 14, 15 and 19 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Quiyong (CN107539137). An English machine translation of Quiyong (CN107539137) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Quiyong teaches a temperature control system for a device (title, abstract), comprising a temperature detection module (Fig 1, temperature acquisition module 30, 0031, 0032), a temperature control module (thermal field prediction module 40, control module 50, 0031, 0032) and a temperature adjustment module (heating/cooling module 70, 0040): the temperature detection module is configured to detect and obtain a temperature at a current moment of a device (0032, a temperature acquisition module 30 for acquiring temperature information of the power battery pack; 0033); the temperature control module is configured to obtain a predicted temperature at a next moment based on the temperature at the current moment (0032, thermal field distribution prediction module 40 for predicting the thermal field distribution at various locations of the power battery pack based on the voltage, current, and temperature information; 0039) and a temperature prediction model (data table, 0039), and to output a temperature adjustment instruction (0032, control module 50…for performing temperature protection control on the power battery pack when an abnormal temperature occurs) to the temperature adjustment module (0042) based on the predicted temperature at the next moment and a temperature threshold (0041); and the temperature adjustment module is configured to adjust a temperature of the device based on the temperature adjustment instruction (0032, 0042).
With respect to the limitations of claims 8 and 11, Quiyong teaches the temperature adjustment module comprises a heating unit and a cooling unit (Fig 2, heating / cooling module 70, 0040);
the cooling unit realizes cooling by means of liquid-cooled circulation cooling (0040, heating/cooling medium of the heating/cooling module 70 can be any one or combination of wind, water, oil, phase change materials), metal heat pipe conduction cooling, graphite sheet conduction cooling, semiconductor cooling, chemical reagent cooling or radiating fan cooling.
With respect to the limitations of claim 14, Quiyong teaches a charging system (0047, charging functions of the electric vehicle), comprising the temperature control system for the device according to claim 1 (as set forth in the rejection of claim 1 above).
With respect to the limitations of claim 15, Quiyong teaches a temperature control method (title, abstract), comprising: obtaining (Fig 1, temperature acquisition module 30, 0031, 0032) a temperature at a current moment of a device (0032, a temperature acquisition module 30 for acquiring temperature information of the power battery pack; 0033); obtaining a predicted temperature at a next moment based on the temperature at the current moment (0032, thermal field distribution prediction module 40 for predicting the thermal field distribution at various locations of the power battery pack based on the voltage, current, and temperature information; 0039) and a temperature prediction model (data table, 0039); and outputting a temperature adjustment instruction (0032, control module 50…for performing temperature protection control on the power battery pack when an abnormal temperature occurs) to adjust a temperature of the device based on the predicted temperature at the next moment and a temperature threshold (0041, 0042).
With respect to the limitations of claim 19, Quiyong teaches outputting the temperature adjustment instruction to adjust the temperature of the device based on the predicted temperature at the next moment and the temperature threshold comprises: outputting the temperature adjustment instruction to decrease the temperature of the device, if it is determined that the predicted temperature at the next moment is greater than the temperature threshold and a first difference obtained by subtracting the temperature threshold from the predicted temperature at the next moment is greater than a first threshold; and outputting the temperature adjustment instruction to increase the temperature of the device, if it is determined that the predicted temperature at the next moment is less than the temperature threshold and a second difference obtained by subtracting the predicted temperature at the next moment from the temperature threshold is greater than a second threshold (0041).
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.
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 2, 3, 13 and 16-18 are rejected under 35 U.S.C. 103 as being obvious over Quiyong (CN107539137) as applied to claims 1, further in view of Zang (US 2019/0286079).
With respect to the limitations of claims 2 and 3, Quiyong discloses the claimed invention except for the temperature prediction model is obtained by self-learning based on historical temperature data; the temperature prediction model is pre-obtained. However, Zang discloses the temperature prediction model (Fig 3, temperature predictive mathematical model, 0047) is obtained by self-learning (adaptive learning calculation model, 0047) based on historical temperature data (0052, create a new predictive model on the basis of historical data); the temperature prediction model is pre-obtained (0050, retrieves a predictive mathematical model Func currently running on the client unit) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device temperature control system of Quiyong having a temperature prediction model silent to the type of prediction model with the temperature prediction model is obtained by self-learning based on historical temperature data; the temperature prediction model is pre-obtained of Zang for the purpose of using a known mathematical model capable of realizing Big Data analysis calculation for temperature prediction (0047), thereby providing for an improved system.
With respect to the limitations of claim 13, Quiyong in view of Zang discloses the temperature control module is a microprocessor (Zang, microprocessor, 0042), a field programmable gate array, or a complex programmable logic device.
Claims 16 and 17 are similarly rejected as set forth in the rejection of claims 2 and 3 above.
With respect to the limitations of claim 18, Quiyong in view of Zang discloses the temperature prediction model is obtained by training based on historical temperature training data, comprising: obtaining the historical temperature training data (Zang, 0052, create a new predictive model on the basis of historical data); and obtaining the temperature prediction model by training based on the historical temperature training data (Zang, 0052, create a new predictive model on the basis of historical data) and an initial model (Zang, 0020, 0022).
Claims 4-7, 10 and 12 are rejected under 35 U.S.C. 103 as being obvious over Quiyong (CN107539137) as applied to claim 1, further in view of Boyang (CN106785216). An English machine translation of Boyang (CN106785216) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 4, Quiyong discloses the claimed invention except for the temperature detection module comprises a temperature detection unit which is a thermocouple temperature measurement circuit, a thermal resistor temperature measurement circuit, or a temperature acquisition chip. However, Boyang discloses the temperature detection module comprises a temperature detection unit which is a thermocouple temperature measurement circuit (0022, Positive temperature coefficient thermistors), a thermal resistor temperature measurement circuit, or a temperature acquisition chip is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device temperature control system of Quiyong having a temperature detection unit silent to the type of temperature detection unit with the temperature detection module comprises a temperature detection unit which is a thermocouple temperature measurement circuit, a thermal resistor temperature measurement circuit, or a temperature acquisition chip of Boyang for the purpose of providing a known temperature detection means that allows resistance changes of each PTC probe are collected in real time during the battery's operation and converted into temperature values (0022).
Claims 5, 6, 7, 10 and 12 are also rejected because they are dependent upon claims 1, 4 and 8.
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over Quiyong (CN107539137) as applied to claim 1, further in view of Kirk (US 2018/0053972).
With respect to the limitations of claim 9, Quiyong discloses the claimed invention except for the heating unit realizes heating by means of heating resistance wire, copper electric heating plate, aluminum electric heating plate, ceramic electric heating, stainless-steel electric heating tube, controlling circulating air duct heating or chemical reagent reaction heating. However, Kirk discloses the heating unit realizes heating by means of heating resistance wire (Fig 3, resistive heating elements 50, 0024, metal heating elements, including Nichrome; resistance wire including Kanthal (FeCrAL) wire), copper electric heating plate, aluminum electric heating plate, ceramic electric heating, stainless-steel electric heating tube, controlling circulating air duct heating or chemical reagent reaction heating is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the device temperature control system of Quiyong having a heating unit silent to the type of heating means with the heating unit realizes heating by means of heating resistance wire, copper electric heating plate, aluminum electric heating plate, ceramic electric heating, stainless-steel electric heating tube, controlling circulating air duct heating or chemical reagent reaction heating of Kirk for the purpose of providing a known heating means that is suitable for warming of a battery source (0023).
Allowable Subject Matter
Claims 5, 6, 7, 10 and 12 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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, Steven Crabb can be reached at 571-270-5095. 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.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 6/1/2026
Prosecution Insights