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 response to the restriction requirement, Applicant elected claims 1-5 and 13-17 for further examination. As a result, claims 6-8 and 18-20 are withdrawn from further prosecution. Claims 9-12 are also previously withdrawn from further prosecution.
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 1 and 13 are rejected under 35 U.S.C. 101 because:
The claim(s) is/are simply directed to a method/system of estimating a rate/amount of the electrical energy generated in a vehicle during a barking/deceleration in general. This limitation as analyzed include concepts directed to “mathematical concepts” of abstract ideas performed using mathematical calculations for the estimation (see MPEP 2106.04(a)(2), subsection I). Thus, this limitation falls into the “mathematical concepts” grouping of abstract ideas. Furthermore, the additional step of storing portions of the generated electrical energy according to the estimation is well known in the field of regenerative braking in the vehicle manufacturing industry; as a result, this additional step does no more than adding insignificant extra-solution activity to the judicial exception. In other words, this additional step is insufficient to amount to significantly more than the judicial exception (Abstract idea) to transform the claimed subject matter into a patent-eligible application. Accordingly, the claim(s) is/are not patent eligible.
In addition, regrading to the method claim 13: For the subject matter of this method claim to be statutory, the claimed process must be limited to a practical application, and a claim is limited to a practical application when the method, as claimed, produces a concrete, tangible and useful result. In addition, a statutory process is one that requires the measurements of physical objects or activities to be transformed outside of the computer (MPEP 2106 IV 2. Statutory Subject Matter). In this case, the method stops short at directing the portions of the electrical energy to the energy assemblies without further physical objects/activities transformed to produce a concrete, tangible and useful result.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding to the limitation of “a measured or estimated value for a rate, an amount” and “determining a rate”, the Specification as filed, in paragraph [0027] (US 2023/0294524), simply teaches that the estimation/determination is based on operational parameters such as the braking rate or power, the state or condition of the energy assemblies, or forecasted energy creation, without further specifies on how the estimation/determine is carried from such parameters. For example, how the rate/amount is estimated or determined from the braking rate or power to produce a value that is further compared to a threshold rate/amount in order to direct the generated electric current accordingly.
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.
Claim(s) 1, 2, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thacher et al. (US 2006/0046895).
Regarding to claim 1:
Thacher et al. discloses a system comprising: a controller that is configured to control conduction of generated electric current from
one or more traction motors of a vehicle to both of a first energy assembly and a second energy
assembly (Abstract: The drive motor generates electrical energy during braking or deceleration of the vehicle), the controller is configured to control the conduction of the generated electric current
based at least in part on a measured or estimated value for a rate, an amount, or both a rate
and an amount, of which the generated electric current is generated by the one or more traction
motors (FIG. 3 shows that the generated electrical energy is conducted to a resistive load or an energy storage (1st and 2nd energy assemblies) depending on the amount of the electrical energy generated for an evaluation interval (step S109 and paragraphs [0048]-[0049])),
the controller is further configured to direct a first portion of the generated electric current to the second energy assembly and a second portion of the generated electric current to the first energy assembly based on the measured or estimated value for the rate, the amount, or both
the rate and the amount at which the generated electric current is generated by the one or more
traction motors (FIG. 3: A portion of the generated electrical energy that excesses a predetermined threshold (step S109) will be directed to the resistive load (step S108), and the other portion of the generated electrical energy that is less than the threshold is directed to the energy storage (step S110)).
Regarding to claims 2 and 5: wherein the controller is configured to control conduction of the generated electric current output from the one or more traction motors during braking of the vehicle (FIG. 3, step S102: Generate electrical energy during braking or deceleration) to one or more of the first energy assembly, the second energy assembly, or a third energy assembly of the vehicle based on a state of health of one or more of the first energy assembly, the second energy assembly, or the third energy assembly (FIG. 3, step S109: State-of-charge of the battery).
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brooking (WO 2014/118678).
Brooking discloses a method comprising:
determining a rate at which electric current is being generated or will be generated by
one or more traction motors of a vehicle (page 3, 1st paragraph: “Regenerative braking can cause corresponding high transient current surges”, this reads on the rate as claimed);
directing a first portion of the electric current generated by the one or more traction
motors to a second energy assembly and directing a second portion of the generated electric
current to a first energy assembly of the vehicle responsive at least in part to the determined
rate (page 3, 2nd paragraph: The high transient (high rate) electrical energy and power surges associated with rapid speed changes in electric vehicles is directed to a super capacitor. The lower transient (low rate) is direct to a traction battery).
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thacher et al. (US 2006/0046895) in view of Gollomp et al. (US 6424157).
Thacher et al. discloses the claimed invention as discussed above, except wherein the controller is further configured provide a notification responsive to the state of health of the one or more energy assemblies reaching a predetermined value indicative of decline in performance.
Gollomp et al. discloses a system/method for monitoring and reporting on the condition of a vehicle battery by measuring battery parameters to calculate rate of change of QV and SoC to output appropriate messages as a warning of potential problems related to the battery (Abstract).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Thacher’s controller to consider the battery condition, SoC, or SoH to output messages to advise drivers/users various real and potential problems related to the battery as taught by Gollomp et al. (Abstract).
Regarding to claim 4: wherein the controller is configured to control conduction of the generated electric current output from the one or more traction motors during braking of the vehicle to one or more of the second energy assembly or the third energy assembly responsive to the state of health of the first energy assembly reaching the predetermined value indicative of decline in performance (Thacher et al.: FIG. 3, step S109: Has the target state-of-charge of the battery been reached?).
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brooking (WO 2014/118678), and further in view of Thacher et al. (US 2006/0046895) and Gollomp et al. (US 6424157).
Brooking discloses the claimed invention as discussed above, except providing a notification responsive to the state of health of the one or more energy assemblies reaching a predetermined value indicative of decline in performance and controlling the conduction of the generated electric current output from the one or more traction motors during braking of the vehicle to one or more of the first energy assembly, the second energy assembly, or a third energy assembly of the vehicle based on a state of health of one or more of the first energy assembly, the second energy assembly, or the third energy assembly.
Gollomp et al. discloses a system/method for monitoring and reporting on the condition of a vehicle battery by measuring battery parameters to calculate rate of change of QV and SoC to output appropriate messages as a warning of potential problems related to the battery (Abstract).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Brooking’s controller to consider the battery condition, SoC, or SoH to output messages to advise drivers/users various real and potential problems related to the battery as taught by Gollomp et al. (Abstract).
Furthermore, Thacher et al. discloses a method for controlling a vehicle for regenerative braking comprising controlling the conduction of the generated electric current output from one or more traction motors during braking of the vehicle (FIG. 3, step S102: Generate electrical energy during braking or deceleration) to one or more of a first energy assembly, a second energy assembly, or a third energy assembly of the vehicle based on a state of health of one or more of the first energy assembly, the second energy assembly, or the third energy assembly (FIG. 3, step S109: State-of-charge of the battery).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Brooking’s controller to consider the SoH or SoC of the batteries in order to direct the conduction of the generated electrical current/energy to charge/not charge the batteries accordantly as taught by Thacher et al. (FIG. 3).
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAM S NGUYEN whose telephone number is (571)272-2151.
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, DOUGLAS RODRIGUEZ, can be reached on 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAM S NGUYEN/ Primary Examiner, Art Unit 2853