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 . 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 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.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims, the Examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the Examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Examiner notes that this is a 371 national stage of PCT/SE2021/051101 and also claims foreign priority to SE2051368-5 with an earlier filling date of 11/24/2020. Examiner has checked and verified that the foreign priority document supports the subject matter of the instant application. As such, the earlier filed date of 11/24/2020 is granted.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/15/2023 and 10/03/2023, were filed before the mailing of a First Office Action on the Merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Status of Claims
This action is in response to Applicant’s filing on 05/15/2023. Claims 1-9 and 11-20 are pending and examined below.
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.
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 do not use the word “means,” but are nonetheless 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:
“electric machine configured to …” in claims 1, 9, and 11-13
“control arrangement configured to …” in claims 11-15 and 17-20
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.
Examiner notes that “electric machine” is being interpreted to cover the disclosure in 0067 in the specification (or equivalent thereof), which states that the electric machine may be an “electric motor”, which recites sufficient structure for the claim elements at hand.
Regarding the “control arrangement”, examiner is interpreting these to cover the disclosure in 0071 in the specification (or equivalent thereof) which states that the “control unit 21 and power module 21’ are together referred to as a control arrangement”, which recites sufficient structure for the claim element at hand. Additionally, examiner notes that the “control unit 21” and “power module 21’” both also have sufficient structure as a “control unit” corresponds to a broad class of controllers (ECU, CPU, etc.) and “power module” is defined as “power electronics” in 0068 which is sufficient structure as well.
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.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed towards a computer program which is considered software per se and is not one of the four statutory categories.
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 1-7, 9, and 11-19 are rejected under both 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Kiuchi, US 20130253748 A1, herein referred to as Kiuchi.
Regarding claim 1,
Kiuchi discloses the following:
The powertrain comprises an electric machine configured to provide motive power to the vehicle (Fig. 1, Paragraphs 0008-0009, 0019, 0052)
The vehicle system may include a powertrain (see electric motor and engine) which allows for the wheels to be rotated (motive power)
Examiner also notes that the battery and fuel source for the electric motor and engine, respectively, are part of the powertrain
Passing electric current through the electric machine to rotate a rotor of the electric machine while ensuring stand still of the vehicle (Fig. 1, Paragraphs 0008-0009, 0019, 0052)
The electric motor may be controlled to rotate while the vehicle is at a standstill
The electric motor requires electricity in order to rotate
Regarding claim 2,
Kiuchi discloses all the limitations of claim 1. Kiuchi further discloses the following:
The powertrain comprises a transmission configured to transmit power between the electric machine and one or more wheels of the vehicle (Fig. 1, Paragraphs 0008-0013, 0019, 0052)
A transmission may be present in the vehicle that transmits power between the electric motor and the wheels of the vehicle
Controlling the powertrain to a state in which at least a portion of the transmission is disconnected from the one or more wheels and rotating the portion of the transmission using the rotor (Fig. 1, Paragraphs 0008-0013, 0019, 0052)
The electric motor may be disengaged from the transmission (and therefore the vehicle wheels) in order to perform a warm up operation
Regarding claim 3,
Kiuchi discloses all the limitations of claim 1. Kiuchi further discloses the following:
Passing an electric current through the electric machine in a manner ensuring stand still of the rotor (Fig. 1, Paragraphs 0008-0013, 0019, 0052)
The electric motor may be used while the transmission of the vehicle is braked, resulting in a standstill of the vehicle
If the vehicle is braked, then the electric motor may not rotate as the gears G1/G2 are engaged with the wheels
Regarding claim 4,
Kiuchi discloses all the limitations of claim 3. Kiuchi further discloses the following:
Passing the electric current through the electric machine in a manner ensuring standstill of the rotor is performed prior to the step of passing the electric current through the electric machine to rotate the rotor (Fig. 1, Paragraphs 0008-0013, 0019, 0052)
The vehicle may be in a standstill state before the warming process is performed
During the warming process, the electric motor is engaged with the clutches and rotates in order to charge and de-charge the battery
Regarding claim 5,
Kiuchi discloses all the limitations of claim 3. Kiuchi further discloses the following:
Switching back and forth between a first heating mode in which the electric current is passed through the electric machine in a manner ensuring stand still of the rotor and a second heating mode in which the electric current is passed through the electric machine to rotate the rotor (Fig. 1, Paragraphs 0008-0013, 0019, 0052, 0056-0063)
The vehicle may switch back and forth from the warming process during operation
When the vehicle brakes or is at a standstill, the warming process may be engaged by varying the driving force
This results in a disengaged state (no rotor turning due to no clutches being engaged) to an engaged state (clutches are engaged resulting in rotor rotation)
The disengaged state (no rotor turning) may be a first heating mode and the engaged state (rotor turning, warming process) may be a second heating mode
Regarding claim 6,
Kiuchi discloses all the limitations of claim 1. Kiuchi further discloses the following:
Inputting current temperature data representative of a current ambient temperature and/or a current temperature of a portion of the powertrain (Fig. 1, Paragraphs 0008-0013, 0019, 0052, 0056-0063)
A temperature of the powertrain may be determined and utilized for heating process control
Controlling a duration of the passing of electric current through the electric machine based on the inputted current temperature data (Fig. 1, Paragraphs 0008-0013, 0019, 0052, 0056-0063)
The vehicle may engage a heating process if the current powertrain temperature is below a given threshold
The heating process continues until the threshold is met, which means that the electric motor operation during heating operates for a given duration based on the powertrain temperature
Regarding claim 7,
Kiuchi discloses all the limitations of claim 1. Kiuchi further discloses the following:
The powertrain comprises a propulsion battery (Fig. 1, Paragraphs 0008-0013, 0019, 0052, 0056-0063)
The vehicle may include a battery for operation (item 5 in Fig. 1)
Heating the propulsion battery using heat generated by the passing of the electric current though the electric motor (Fig. 1, Paragraphs 0008-0013, 0019, 0052, 0056-0063)
The heating process allows for the system to warm up the battery
Regarding claim 9, the claim limitations are similar to those in claim 1 and are rejected using the same rationale as seen above in claim 1.
Regarding claim 11, the claim limitations are similar to those in claim 1 and are rejected using the same rationale as seen above in claim 1.
Regarding claim 12, the claim limitations are similar to those in claim 1 and are rejected using the same rationale as seen above in claim 1.
Regarding claim 13, the claim limitations are similar to those in claim 1 and are rejected using the same rationale as seen above in claim 1.
Regarding claims 14-19, the claim limitations are similar to those in claims 2-7, respectively, and are rejected using the same rationale as seen above in claims 2-7.
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.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being obvious over Kiuchi, and in view of Cochran et al., US 20220371396 A1, herein referred to as Cochran.
Regarding claim 8, Kiuchi discloses all the limitations of claim 1. Kiuchi further discloses the vehicle comprising an occupant compartment (Fig. 1, Paragraphs 0043, 0057; vehicle includes a compartment for a passenger (see foot present on pedal in Fig. 1, as well as passenger seat in 0043)), but fails to disclose heating the occupant compartment using heat generated by the passing of the electric current through the electric machine. However, Cochran, in an analogous field of endeavor, teaches heating the occupant compartment using heat generated by the passing of the electric current through the electric machine (Paragraph 0096; the electric motor may be used to pass excess heat to the passenger compartment for heating purposes). Therefore, from the teaching of Cochran, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified, with a reasonable expectation for success, the vehicle heating system of Kiuchi to include heating the occupant compartment using heat generated by the passing of the electric current through the electric machine, as taught/suggested by Cochran. The motivation to do so would be to increase the efficiency of the vehicle by utilizing excess heat in a useful manner. Additionally, heating the passenger compartment may allow for a more uniform warming up process of the vehicle, especially if important components are located adjacent or near the compartment.
Regarding claim 20, the claim limitations are similar to those in claim 8 and are rejected using the same rationale as seen above in claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER ALLEN BUKSA whose telephone number is (571)272-5346. The examiner can normally be reached M-F 7:30 AM-4:30 PM.
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/CHRISTOPHER A BUKSA/Examiner, Art Unit 3658