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 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.
Status of Claims
This Office Action is in response to the Applicant’s Response dated 3/16/2026. Applicant has filed a provisional application and thus the domestic benefit of 2/14/2022 is the effective filing date. Claims 1-11 and 13-20 are presently pending and are presented for examination.
Response to Amendment
Applicant’s amendments, see page 7 of 12, filed 3/16/2026, with respect to claim objections have been fully considered and are persuasive. The claim objections of record have been withdrawn.
Applicant’s amendments, see page 7 of 12, filed 3/16/2026, with respect to 112(b) rejections of record have been fully considered but are only partially persuasive. The 112(b) rejection of claim 7 with respect to “…the maximum continuous operating power level…” has been withdrawn, however the 112(b) rejection of claim 7 with respect to “…the boosted operating power level…” still contains an informality (now that the claim depends on claim 6) and has been updated to a claim objection provided below.
Response to Arguments
Applicant's arguments, see pages 8-10 of 12, filed 3/16/2026, have been fully considered but they are not persuasive. The Applicant has argued that none of the references of record explicitly disclose or teach the amended claims as presented, however the Examiner respectfully disagrees. Specifically, the Applicant has argued that primary reference Wu does not teach a battery pack, but rather relies upon two separate batteries. The Examiner notes that Wu teaches an electrical storage system 118 which includes “an array of battery cells” (both a main battery 302 and a boost battery 502); this aligns with the Applicant’s Figure 2, depicting a battery pack 22 which includes battery 24 and battery 24.
A detailed rejection follows 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 claims in this application are given their broadest reasonable interpretation using the 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) 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):
(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), 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), 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), 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), 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), 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:
“…an operator controlled actuator device, when actuated, to provide a second input…” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Support for these limitations are as follows:
[00026] "In examples, the increased operating power level is activated by an operator controlled actuation device, such as a push button, for example..."
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under (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).
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 recites the limitation "…the boosted operating power level…" which the Examiner believes should be updated to instead state "…the maximum boosted operating power level…" so as to align with the terminology of claim 6 in which it depends.
Drawings
The drawings are objected to because [0028] of the instant specification currently states “…a battery management system (BMS) 26…” whereas Figure 2 refers to item 26 as “BMC”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1, 4-11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US-2014/0111121; already of record) in view of Bhattarai et al. (US-2009/0308674; hereinafter Bhattarai; already of record), and further in view of Buchwitz et al. (US-2022/0397068; hereinafter Buchwitz; already of record).
Regarding claim 1, Wu discloses an electric vehicle (see Wu at least Abs) comprising:
an electric motor to propel the electric vehicle (see Wu at least [0027] “…In the drive mode, the traction electric motor 116 consumes electrical power to drive one or both wheels 104...”);
a battery pack to provide electrical power to the electric motor (see Wu at least [0028] “The electrical energy storage device(s) 118 may take a variety of forms, for example batteries (e.g., an array of battery cells), super- or ultracapacitors (e.g., an array of ultracapacitor cells), or combinations thereof... Furthermore, the electrical energy storage device(s) 118 may include a main battery for supplying power to the traction electric motor 116 under normal load conditions, and a boost battery for use when the load on the traction electric motor 116 is greater than normal.”);
an accelerator actuator, when actuated, to provide a first input representing a command to propel the electric vehicle (see Wu at least [0026] “With reference to FIG. 1, an exemplary electric vehicle 100 shown as a scooter or motorbike includes a frame 102, wheels 104a, 104b (collectively 104), and a handle bar 106 with user controls such as a throttle 108, brake levers 110, turn indicators 112, etc., all of which may be of conventional design...”);
an … device, when actuated, to provide a second input representing a power boost command (see Wu at least [0067] “...While the main battery 302 is supplying power to the drive train load 306, the boost switch 508 can engage the boost battery 502 to assist the main battery 302 in powering the drive train load 306 in response to an increase in load resistance that can be sensed automatically, for example, if the electric vehicle 100 is being driven at a speed that exceeds a certain threshold speed.”); and
a controller operative to control a permitted rate of change of a selected operating parameter of the electric motor to control propulsion of the electric vehicle (see Wu at least [0043] “The microcontroller 220 executes logic to control operation of the power system, and may take a variety of forms…” and [0069] “FIG. 7 illustrates a timer-implemented power management method 700 that uses a set of timers to measure, for example, three time intervals T1, T2, and T3. The time intervals can be used by the microcontroller 220 to automatically control power supplied to the traction electric motor 116...”), the controller to:
in a normal operating mode, deliver a first electrical power amount corresponding to the first input from the battery pack to the electric motor to operate the electric motor according to the permitted rate of change for the selected operating parameter … in response to the first input (see Wu at least Fig 6, [0028] "...Furthermore, the electrical energy storage device(s) 118 may include a main battery for supplying power to the traction electric motor 116 under normal load conditions, and a boost battery for use when the load on the traction electric motor 116 is greater than normal." and [0068] “...If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement...”); and
in a boost operating mode, deliver a second electrical power amount corresponding to the first input greater than the first electrical power amount from the battery pack to the electric motor to operate the electric motor according to the permitted rate of change for the selected operating parameter … for a limited period of time in response to the first input … the boost operating mode initiated upon actuation of the … device (see Wu at least Fig 6, [0028] "...Furthermore, the electrical energy storage device(s) 118 may include a main battery for supplying power to the traction electric motor 116 under normal load conditions, and a boost battery for use when the load on the traction electric motor 116 is greater than normal." [0062] “…The main battery 302 and the boost battery 502 cooperate to power the drive train load 306. The boost stage 501, together with the main battery 302 and the main BMS 304, are elements of a charging circuit 503 which allows the electric vehicle 100 to receive more power (e.g., at a discharge rate of 4-5 C) in a high-performance mode when needed, while charging the boost battery when it is not needed, either when the electric vehicle 100 is at rest, or while the drive train load is within a normal mode, as opposed to the high-performance mode. Thus, high-performance criteria such as faster speed and acceleration can still be met, while the main battery and the boost battery together weigh less and cost less than batteries such as the high-capacity battery 402.” [0067] “...While the main battery 302 is supplying power to the drive train load 306, the boost switch 508 can engage the boost battery 502 to assist the main battery 302 in powering the drive train load 306 in response to an increase in load resistance that can be sensed automatically, for example, if the electric vehicle 100 is being driven at a speed that exceeds a certain threshold speed.” and [0068] “FIGS. 6 and 7 illustrate possible methods of managing power requirements associated with a drive train load 306 that can be intermittently in a high-performance drive mode, using the charging circuit 503 shown in FIG. 5... If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement. At 608 it is then determined whether the electric vehicle 100 is in a high-performance drive mode, or whether the power requirement has dropped below the normal range, indicating, for example, that the vehicle is slowing down or approaching a stop. If the power requirement is less than normal, the method 600 repeats starting at 602. If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602...”).
However, while Wu teaches motor output at different levels, and an intermittent high-performance mode requiring high motor output, the following is not explicitly disclosed:
…an operator controlled actuator device…
…a first rate of change…
…a second rate of change...
…the second rate of change being greater than the first rate of change…
Bhattarai, in the same field of endeavor, teaches the following:
…
…a first rate of change (see Bhattarai at least [0064] "During an initial phase the electric motor output torque may be at a predetermined output torque level. The predetermined output torque level may correspond with a normal electric motor output torque for spin-up...")…
…a second rate of change (see Bhattarai at least [0064] "…When the rate of increase in engine speed begins to slow down or when the slope of the engine speed curve decreases, electric motor output torque may be increased above the predetermined output torque level...")...
…the second rate of change being greater than the first rate of change (see Bhattarai at least [0064] "…The predetermined output torque level may correspond with a normal electric motor output torque for spin-up. When the rate of increase in engine speed begins to slow down or when the slope of the engine speed curve decreases, electric motor output torque may be increased above the predetermined output torque level... The electric motor output torque curve 426 illustrates when a positive torque and a negative torque may be provided that has a magnitude that is greater than the predetermined output torque level...")…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric vehicle’s boost switch as disclosed by Wu with a motor operating at different rates such as taught by Bhattarai with a reasonable expectation of success so as to provide adjustments to vehicle operation as desired by an operator (see Bhattarai at least [0008]).
However, while Wu discloses a device capable of providing a signal to initiate a boosted control, it is not explicit that the device is …an operator controlled actuator device… as stated in the amended claim.
Buchwitz, in the same field of endeavor, teaches the following:
…an operator controlled actuator device (see Buchwitz at least [0224] "...In addition, a touch screen user interface 1216 is illustrated. The touch screen user interface 1216 includes touch screen button 1218A that corresponds to a sport mode, touch screen button 1218B that corresponds to a performance mode and touch screen button 1218C that corresponds to a race mode. Of course, the touch screen interface may also include physical buttons 1220A-1220C that correspond to the sport, performance and race modes, respectively …")…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device capable of providing a signal to initiate a boosted control as disclosed by Wu with an operator actuatable input device such as a physical button such as taught by Buchwitz with a reasonable expectation of success for the sake of changing vehicle responsiveness from one mode to another (see Buchwitz at least [0007]-[0008]).
Regarding claim 4, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the selected operating parameter is one of an output torque or a rotational speed of the electric motor (see Wu at least [0062] “Within the electrical power delivery system 500, the electrical energy storage device(s) 118 include the primary battery 301 that supplies a low current to low-power functional elements 303 of the electric vehicle 100, a main battery 302, and an auxiliary boost battery 502. The main battery 302 and the boost battery 502 cooperate to power the drive train load 306. The boost stage 501, together with the main battery 302 and the main BMS 304, are elements of a charging circuit 503 which allows the electric vehicle 100 to receive more power (e.g., at a discharge rate of 4-5 C) in a high-performance mode when needed, while charging the boost battery when it is not needed, either when the electric vehicle 100 is at rest, or while the drive train load is within a normal mode, as opposed to the high-performance mode. Thus, high-performance criteria such as faster speed and acceleration can still be met, while the main battery and the boost battery together weigh less and cost less than batteries such as the high-capacity battery 402.” and [0068] “FIGS. 6 and 7 illustrate possible methods of managing power requirements associated with a drive train load 306 that can be intermittently in a high-performance drive mode, using the charging circuit 503 shown in FIG. 5. For example, a load-specific power management method 600 reserves the boost battery for high-performance situations... If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement. At 608 it is then determined whether the electric vehicle 100 is in a high-performance drive mode, or whether the power requirement has dropped below the normal range, indicating, for example, that the vehicle is slowing down or approaching a stop. If the power requirement is less than normal, the method 600 repeats starting at 602. If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602...”).
Regarding claim 5, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the controller controls operation of the electric motor based on a mapping between the accelerator actuator and a level of the selected operating parameter (see Wu at least Fig 6 and [0068] “...If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement...” – power output proportional to throttle actuation provided under normal circumstances).
Regarding claim 6, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, the controller to:
in the normal operating mode, operate the electric motor up to a maximum continuous operating power level of the electric motor, wherein a maximum level of the selected operating parameter depends on the maximum continuous operating power level (see Wu at least [0068] “...If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116...”); and
in the boost operating mode, operate the electric motor up to a maximum boosted operating power level which is greater than the maximum continuous operating power level (see Wu at least [0068] “...If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement. At 608 it is then determined whether the electric vehicle 100 is in a high-performance drive mode, or whether the power requirement has dropped below the normal range, indicating, for example, that the vehicle is slowing down or approaching a stop. If the power requirement is less than normal, the method 600 repeats starting at 602. If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602. The determinations 604, 606, and 608 are preferably made automatically by the microcontroller 220 which can be programmed to compare various sensor output levels against threshold values. For example, the determinations 604, 606, and 608 can be based on the output of the sensors S.sub.RM, S.sub.IM, S.sub.VM, or S.sub.TM that indicate the state of the traction electric motor 116. However, embodiments consistent with the method 600 can include a user-controlled switch that can be used to intermittently engage the boost battery 502.”).
Regarding claim 7, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 6, wherein the boosted operating power level exceeds the maximum continuous operating power level by a percentage of the maximum continuous operating power level (see Wu at least [0063] “With reference to FIG. 5, the boost stage 501 can include boost stage components such as the boost battery 502, a boost BMS 504, a DC/DC charger 506, and a boost switch 508 to assist in supplying power to the drive train load 306. The boost battery 502 is intended to be charged on-board the vehicle 100, but it can also be removable for external charging. The boost battery 502 can be configured to supply, upon request, a high-level current at a higher discharge rate than that of the main battery 302.”)).
Regarding claim 8, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein, upon expiration of the limited period of time, the controller to return to operating the electric motor according to the first rate of change of the selected operating parameter in response to the first input (see Wu at least [0068] “FIGS. 6 and 7 illustrate possible methods of managing power requirements associated with a drive train load 306 that can be intermittently in a high-performance drive mode, using the charging circuit 503 shown in FIG. 5... If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement... If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602... However, embodiments consistent with the method 600 can include a user-controlled switch that can be used to intermittently engage the boost battery 502.”).
Regarding claim 9, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the limited period of time expires after a fixed time duration (see Wu at least [0068] “FIGS. 6 and 7 illustrate possible methods of managing power requirements associated with a drive train load 306 that can be intermittently in a high-performance drive mode, using the charging circuit 503 shown in FIG. 5... If the electric vehicle 100 is traveling, it is determined at 606 whether or not the vehicle is in a normal-load state or a high-performance drive mode, according to a predetermined power threshold, for example, if the load does not exceed 5 kWh. If this threshold is not exceeded, the main battery 302 is used at 610 to supply power to the traction electric motor 116. This power scheme continues until it is determined at 606 that the traction electric motor 116 no longer has a normal load requirement... If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602... However, embodiments consistent with the method 600 can include a user-controlled switch that can be used to intermittently engage the boost battery 502.”).
Regarding claim 10, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the limited period of time expires upon a level of at least one monitored operating parameter of the electric motor or the battery pack satisfying expiration criteria (see Wu at least [0068] “...At 602, a primary battery supplies a low-level electric current to low-power functional elements while, at 603, the main battery 302 can be used to charge the boost battery 502 if needed... If the power demanded by the drive train load 306 is determined to be high at 608, the boost battery 502 is then used to power the motor at 612, while the main battery 302 is used to recharge the boost battery 502 at 614. This power scheme continues until it is determined at 608 that the load is no longer high, and the method 600 repeats starting at 602...”).
Regarding claim 11, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the controller is capable of receiving the second input only when the first input is in a de-actuated position (see Wu at least [0067] “...With the addition of the boost stage 501, the main battery 302 can be disconnected from the electrical system within the electric vehicle for external recharging, and, if necessary, the vehicle 100 can continue to operate with power supplied by only the boost battery. When the main battery 302 is disconnected, the boost battery 502 supplies power to the traction electric motor 116 if the boost switch 508 is closed. While the main battery 302 is supplying power to the drive train load 306, the boost switch 508 can engage the boost battery 502 to assist the main battery 302 in powering the drive train load 306 in response to an increase in load resistance that can be sensed automatically, for example, if the electric vehicle 100 is being driven at a speed that exceeds a certain threshold speed.”).
Regarding claim 13, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1, wherein the electric vehicle comprises an electric power sport vehicle (see Wu at least [0023] “Reference throughout the specification to an electric vehicle includes automobiles, scooters, motorbikes, motorcycles, golf carts, lawn mowers, vans, trucks, and the like. The term vehicle should not be construed narrowly to limit a vehicle solely to a personal transport vehicle such as a scooter or motorbike, but rather, the term vehicle is broadly construed to cover many possible types of electrically-powered motorized transportation.”).
Regarding claim 14, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 1 and claim 8 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 15, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 11 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 16, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 5 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 17, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 9 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 18, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 10 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 19, Wu in view of Bhattarai and Buchwitz teach the method of claim 14, comprising operating the electric vehicle in the boost operating mode only after a time delay since expiration of a last limited time period and if levels of one or more monitored operating parameters of a battery system or the electric motor are within allowable ranges (see Wu at least [0069] “...During the first time interval, the main battery 302 powers the traction electric motor 116 at 714, and also charges the boost battery 502. When it is determined at 706 that the timer T1 has expired, a timer T2 is set to expire after a certain second time interval at 708. During the second time interval, at 716, the main battery 302 stops charging the boost battery 502 and only powers the traction electric motor 116. When it is determined at 708 that the timer T2 has expired, a timer T3 is set to expire after a certain third time interval at 710. During the third time interval, both the boost battery 502 and the main battery 302 contribute to powering the traction electric motor 116 at 718. Thus, during the third time interval, both the boost battery 502 and the main battery 302 are switched on, and both batteries discharge simultaneously to power the motor 116. When it is determined at 710 that the timer T3 has expired, the method 700 repeats at 702.”).
Regarding claim 20, Wu in view of Bhattarai and Buchwitz teach the analogous material of claim 1 and claim 14 as recited in the instant claim and is rejected for similar reasons.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Bhattarai and Buchwitz, and further in view of Kappeler et al. (US-2008/0086815; hereinafter Kappeler; already of record).
Regarding claim 2, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1. However, neither Wu nor Bhattarai nor Buchwitz explicitly disclose or teach …the first rate of change and the second rate of change are linear in relation to a range of positions of the first input.
Kappeler, in the same field of endeavor, teaches …the first rate of change and the second rate of change are linear in relation to a range of positions of the first input (see Kappeler at least [0057] “With regard to the forward/reverse operation of powered transport device 24 in some embodiments, at least one of the slow speed setting, the medium speed setting, and the fast speed setting results in apparatus 10 being propelled faster in the forward direction than the corresponding speed setting results in apparatus 10 being propelled in the reverse direction. In such embodiments, therefore, controller 30 signals drive motor 42 to operate more slowly for a particular speed setting in the reverse direction than in the forward direction. In other embodiments, the slow, medium, and fast speed settings may have substantially the same respective speeds in the forward and reverse directions. It will be appreciated that each of the plurality of discrete speed settings corresponds to a threshold speed up to which motor 42 is accelerated to reach over time. The acceleration profile may be of any geometry, such as a linear ramp, discrete steps, curved, or combinations thereof.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first rate of change as disclosed by Wu with a linear relation to a range of positions of the first input such as taught by Kappeler with a reasonable expectation of success so as to provide acceleration control in a predictable manner regardless of the speed setting (see Kappeler at least [0009]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Bhattarai and Buchwitz, and further in view of Crain et al. (US-2018/0086419; hereinafter Crain; already of record).
Regarding claim 3, Wu in view of Bhattarai and Buchwitz teach the electric vehicle of claim 1. However, neither Wu nor Bhattarai nor Buchwitz explicitly disclose or teach …the second rate of change is non-linear in relation to a range of positions of the first input.
Crain, in the same field of endeavor, teaches …the second rate of change is non-linear in relation to a range of positions of the first input (see Crain at least Fig 5 and [0058] “FIG. 5 is a graph 100 illustrating two exemplary power curves 102, 104 versus engine speed (RPM). Power curve 102 illustrates exemplary maximum power in Watts (W) that AC power source 22 is operative to generate over a range of engine speeds as controlled by power boost regulator 24. Curve 104 illustrates the maximum power that a conventional generation system is able to provide over the same range of engine speeds due to operation at a fixed system load voltage (e.g., 16V)…” – non-linear relation between maximum power (from power boost) versus 16V power, corresponding to a variety of speeds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electric vehicle as disclosed by Wu with a non-linear second rate of change such as taught by Crain with a reasonable expectation of success so as to store and use additional electrical energy across a range of motor speeds (see Crain at least [0004]-[0006] and [0058]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zushi et al. (US-2022/0001750) teaches the storage and conversion of power, including a power converter which boosts power.
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 extension fee 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 date of this final action.
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/S.P.R./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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