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 .
Status of Claims
This action is in reply to the amendment filed on 30 October 2025.
Claims 3, 9, 12, and 15 were amended.
Claims 18-19 are new.
Claims 1-19 are currently pending and have been examined.
This action is FINAL.
Response to Amendments and Remarks
Claim Interpretation
Claim limitations of claims 1, 5, 7, 11, and 14 were interpreted under 35 U.S.C. 112(f). The Applicant has not provided arguments or amended the claims to overcome the 35 U.S.C. 112(f) interpretation. Accordingly the claim interpretation under 35 U.S.C. 112(f) has been maintained
Claim Rejections - 35 USC § 102 and 103
Claim 1, 3-7, and 9-10 were rejected under 35 U.S.C. 103 as being unpatentable over Srnec et al. (US Pub. No. 2020/0141746, hereinafter “Srnec”) in view of Weber et al. (US Pub. No. 2018/0312121, hereinafter “Weber”).
Claim 2 and 8 were rejected under 35 U.S.C. 103 as being unpatentable over Srnec and Weber in further in view of Yamamoto et al. US Pub. No. 2013/0062941, hereinafter “Yamamoto”).
Claim 11-17 were rejected under 35 U.S.C. 103 as being unpatentable over Gongate US Pub. No. 2019/0249913, hereinafter “Gongate”) in view of Akiyama et. al. (US Pub. No. 2022/0203960, hereinafter “Akiyama”).
Applicant’s arguments, see page 7-10 of response filed 30 October 2025, with respect to the rejection(s) of claim(s) 1-17 were rejected under 35 U.S.C. 103 have been fully considered but are not persuasive
Regarding claims 1 and 7 Applicant argues:
In Weber, a parameter of a "power plant" that powers a vehicle is adjusted to extend the range the vehicle can travel when the estimated range is less than the distance of the vehicle from a target destination (see paragraph [0037]). The power plant could be an engine, an electric motor or both (see paragraph [0016]), and the parameter includes torque, power, idle limits, speed, acceleration etcetera (see paragraph [0039]). However, Weber does not disclose or suggest that the parameter being modified is an operational state of an engine.
The examiner respectfully disagrees with Applicant’s conclusion that Weber does not teach that the parameter being modified is an operational state of an engine. As Applicant concedes, and as noted above, Weber’s power plant can be an engine. Further, Weber teaches that the a parameter of the power plant can be adjusted (Weber [0037] “and adjusting…performance parameter of the power plant”). Finally, Weber teaches the operating parameters and performance parameters associated with the power plant include torque, power, idle limits, speed, acceleration, etc. and further teaches the parameter can be adjusted (Weber [0039]). Thus, Weber teaches in one example, adjusting torque of an engine which corresponds with modifying an operational state of the engine, as claimed.
Applicant further argues regarding claims 3 and 9:
In Srnec, the route can be changed so that the vehicle spends longer outside of a zone in which the prime mover is required to be switched off so that the prime mover can charge the energy storage device (see paragraph [0051]). As such, Srnec does not disclose controlling the operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route such that the power level of the battery unit is above a second predetermined value when the vehicle enters the region in which the engine should not be operated.
First, the examiner notes that Srnec teaches that it is optional to determine an alternative route, and further teaches that that the processor may determine operational adjustments based on the route (see at least Figure 2, and [0051-0052] “Optionally, at 212, an alternate route is determined…..Optionally, at 214, operational adjustments are determined…”.) Further, the examiner notes that the rejection is based on the combination of Srnec and Weber to teach this limitation. Specifically, the combination of Srnec and Weber teach control the operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route such that the power level of the battery unit is above a second predetermined value when the vehicle enters the region in which the engine should not be operated as rejected further below. The examiner notes that Srnec teaches controlling the engine in a powered on state for charging the battery outside the emission controlled area to have sufficient energy for the route and controlling the engine to be in a powered off state and using the energy storage device (battery) when in the emission controlled area, see at least Srnec [0051]. See also Srnec [0046], [0062] wherein there is sufficient energy, however there are segments using stored energy of the battery (e.g. engine controlled to be off). Further Weber which teaches the performance parameters (which include torque, power, …etch) of the power plant (including an engine) are adjusted to extend the range of the vehicle during the travel to the target destination. See at Weber least [0037] and [0041] and additional details described in [0037-0041] as cited below.).
Applicant does not provide separate arguments regarding claims 2, 4-6, 8, and 10, instead relying upon their arguments for claims 1 and 7. Accordingly, the examiner refers Applicants to the Examiner’s remarks above.
Turning to the rejection of claims 11 and 14 under 35 U.S.C. 103 as being unpatentable over Gongate in view of Akiyama.
Applicant argues with respect to claims 11 and 14:
However, Gongate does not disclose switching the engine between an operational state and a non-operational state based on the power level of the battery unit.
In this regard, Gongate discloses using the generator 54 to charge the battery 52 when it is "available", i.e. when there is enough fuel (see paragraph [0057]). However, Gongate also discloses that the generator 54 provides electrical power to a compressor motor 60 (see paragraph [0040]). As such, although the generator 54 may not be "available" to charge the battery 52, this does not necessarily mean that the generator 54 is switched off when it is not being used to charge the battery 52. Rather, the generator 54 could be generating power for the compressor motor 60 and not have enough fuel to also charge the battery 52. There is therefore no explicit disclosure in Gongate to switch the combustion engine 56 on/off based on the charge level of the battery 52.
The examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. switching off the generator or switching the engine on/off) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The examiner notes that the claim recites “switch the engine between an operational state and a non-operational state based on the power level of the battery unit”.
Gongate teaches switching the engine between an operational state and a non-operational state based on the power level of the battery unit as claimed. Specifically Gongate teaches an iterative process of determining if the battery is fully charged and determining an available and most efficient means of charging the battery, and further teaches using the diesel engine generator when available and using an renewable energy source when available (see Gongate Figure 6 and accompanying description and [0051-0053] which corresponds to switching the engine between an operational state (diesel engine generator available) and non-operational state (when renewable energy source is available, diesel engine generator unavailable). Further, Gongate teaches not to use the combustion engine generator to charge the battery in low level conditions (see [0053]). This is considered a non-operational state of the engine as the engine is not operating the generator to charge the battery. This is commiserate with the explanation of a non-operational state provided in the specification wherein non-operational state is explained as the engine no longer providing power to the generator to power the charge the battery unit. The examiner notes that Applicant does not define the non-operational state (or the operational state), but explains in [0077] “When the power demand is less than the predetermined threshold and the power level of the battery unit indicates that the battery unit does not require charging, the control system may be configured to switch the engine to an non-operational state, or maintain the engine in a non-operational state, so as to supply electrical power to the refrigeration system from the battery unit alone. Thus, the refrigeration system may be configured to receive electrical power from the generator or from the battery unit depending on the power demand of the refrigeration system and a power level of the battery unit.” Accordingly, the examiner interprets non-operational state to include supplying electrical power to the refrigeration system from the renewable energy source when the diesel engine generator is unavailable.
Further, the examiner notes that the rejection is based on a combination of Gongate and Akiyama. Akiyama further teaches switching the engine between an operational state and a non-operational state based on the power level of the battery unit (see at least Akiyama Figure 3 S103 flowing to S107. See also [0068] and Fig. 7 and [0083] “When the state of charge of the battery 5 improves and the state of charge of the battery 5 becomes greater than or equal to the prescribed charge quantity threshold value at time T3, the engine 1 is stopped, so that the engine rotational speed Rc becomes zero after time T3.”). The examiner notes that the Applicant acknowledges that Akiyama teaches the engine output is stopped (see Remarks, page 10, first paragraph addressing dependent claims 12 and 15).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Further Applicant argues with respect to the combination of Akiyama that
Fig. 1 of Akiyama illustrates a configuration of a hybrid vehicle comprising a battery 5 that powers a drive motor 6 and an engine 1 that powers a generator 4 to charge the battery 5. Akiyama is concerned with reducing the noise of the engine 1 during charging when the vehicle is coasting (see paragraph [0004]). This is achieved by increasing the rotational speed of the engine 1 as the vehicle speed increases because as the vehicle speed increases, so does the noise from the road. Akiyama also discloses that as the engine 1 rotational speed increases, the electric power generated increases, allowing the battery 5 to be charged in a shorter time period (see paragraph [0058]). However, there is no disclosure in Akiyama to change the speed of the engine based on the charge of the battery. For example, in Akiyama, if the battery 5 is below a threshold value, the rotation of the engine is maintained to charge the battery (see paragraphs [0045]-[0046]).
The examiner respectfully disagrees with Applicant’s conclusion that there is no disclosure in Akiyama to change the speed of the engine based on the charge of the battery. Akiyama teaches the system including a control system is configured to change a speed of the engine, while the engine remains in the operational state, based on the power level of the battery unit as claimed.(see Akiyama [0053-0058]). Specifically, Akiyama teaches that the required quantity of electric power is calculated based on the state of the charge of the battery to reach a fully charged state [0055]) and further teaches that the rotational speed of the engine is adjusted as the vehicle speed increases [0056] and that an increased rotational speed allows the battery to be charged in shorter period of time ([0058]). The examiner notes that the Akiyama only performs the process of charging the battery based on the state of charge of the battery (see Akiyama Fig. 3S103), and further teaches controlling the rotational speed to charge the battery. Thus, the rotational speed is adjusted based on the power level of the battery. The fact that the rotational speed is also adjusted based on the vehicle speed in addition to the power level of the battery unit, as Applicant notes, does not negate that the rotational speed is adjusted based on the power level of the battery.
Finally, the examiner notes the broad phrase “change a speed of the engine, while the engine remains in the operational state” includes receiving a command to change a speed of the engine while the engine remains the operational state, the command including to stop the engine as taught by Akiyama. Specifically, the command to change the speed of the engine is issued while the engine remains in the operational state (see Akiyama Figure 3, S103 flowing to S107 wherein the engine is stopped; See [0056] and [0063] regarding the command and [0068-0070] which teaches that the rotation of the engine (continue power generation in this iterative process) is occurring when the stop engine command is received. The examiner notes this also corresponds to changing a speed of the engine while the engine remains in the operational state).
Regarding claims 12 and 15, Applicant argues:
In Akiyama, when the charge of the battery is greater than or equal to a threshold value, the engine output is stopped (see paragraph [0067]). Accordingly, Akiyama does not disclose decreasing the speed of the engine, while the engine remains in the operational state, when the power level of the battery unit increases past a first threshold.
The examiner respectfully disagrees. Similar to that as noted above with respect to claim 11, the phrase “decrease the speed of the engine, while the engine remains in the operational state” includes receiving a command to decrease a speed of the engine while the engine remains the operational state, the command including to stop the engine as taught by Akiyama. Specifically, the command to decrease the speed of the engine (stop the engine) is issued while the engine remains in the operational state. (see Akiyama Figure 3, S103 flowing to S107 wherein the engine is stopped; See [0056] and [0063] regarding the command and [0068-0070] which teaches that the rotation of the engine (continue power generation in this iterative process) is occurring when the stop engine command is received. The examiner notes this corresponds to decrease a speed of the engine while the engine remains in the operational state as the engine is rotating and then decreases to a stop as the engine is stopped in S107).
Regarding claims 16 and 17, Applicant argues:
Regarding claims 16-17, Gongate discloses that the engine is dedicated to the TRU (see paragraph [0040]), and Akiyama discloses increasing the engine rotational speed as the vehicle speed increases (see paragraph [0058]). Thus, neither Gongate or Akiyama disclose the full feature of these claims, i.e. changing the speed of the transport refrigeration unit dedicated engine, while the engine remains in the operational state, independently of a speed of the vehicle.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As Applicant notes, Gongate teaches that the engine is dedicated to the TRU as claimed. Gongate is relied upon to show wherein the engine is a transport refrigeration unit dedicated engine that does not provide motive force to the vehicle and wherein the speed of the transport refrigeration unit dedicated engine is changed independently of a speed of vehicle (see at least Gongate [0040]). As a dedicated engine, the engine does not provide motive force to the vehicle and thus the speed of the transport refrigeration unit dedicated engine is changed independently of a speed of the vehicle.
Akiyama was only relied upon to show changing the speed of the engine while the engine remains in the operational state. Akiyama teaches the system including a control system is configured to change a speed of the engine, while the engine remains in the operational state [0053-0058] as discussed further above. Akiyama teaches that increasing the speed of the engine charges the battery faster. This is true for any engine whether the engine is dedicated or not, and the teaching is used to modify Gongate which has the recited dedicated engine, charged independently of the speed of the vehicle. The examiner notes that claims 11 and 14, and thus claims 16 and 17 are rejected with the combination of Gongate and Akiyama. As noted by the examiner in the rejection it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Gongate with the teaching of Akiyama with a reasonable expectation of success because Akiyama teaches it is advantageous to increase the speed of an engine to charge a battery faster when the battery is in need of charging (see Akiyama [0058]).
Finally, the examiner notes the phrase “change a speed of the engine, while the engine remains in the operational state” includes receiving a command to change a speed of the engine while the engine remains the operational state, the command including to stop the engine as taught by Akiyama. Specifically, the command to change the speed of the engine is issued while the engine remains in the operational state (see Akiyama Figure 3, S103 flowing to S107 wherein the engine is stopped; See [0056] and [0063] regarding the command and [0068-0070] which teaches that the rotation of the engine (continue power generation in this iterative process) is occurring when the stop engine command is received. The examiner notes this corresponds to changing a speed of the engine while the engine remains in the operational state).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant does not provide separate arguments regarding claim 13, instead relying upon their arguments for claims 11 and 12. Accordingly, the examiner refers Applicants to the Examiner’s remarks above.
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:
“position determining system for determining” in claim 5. Structural support can be found in [0034] of the instant application.
“battery unit configured to supply electrical power…” and “battery unit for powering…” in claim 1, 7, 11, 14. The examiner notes that the specification appears to define battery unit separately from a battery (see for example, Figure 2, battery 288 of battery unit 280 and Figure 3 battery 388 of battery unit 380 and [ 118]) and thus appears to be a generic placeholder. The examiner notes that sufficient structure can be found in [0118] and Figure 2, Figure 3. 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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites “wherein the control system is configured to: switch the engine between an operational state and a non-operational state based on the vehicle route and the predicted power level; and when the engine is in an operational state, control a speed of the engine based on the vehicle route and the predicted power level.”. Claim 18 is dependent from claim 1 which recites a control system configured to:… control an operational state of the engine based on vehicle route and the predicted power level…” It is not clear if the limitations of claim 18 are further refining the “control an operational state” of claim 1, or are a separate control of the operational state. The examiner believes that the limitations of claim 18 are intended to further limit controlling the operational state of claim 1 because there is no disclosure of three steps of (1) controlling the operational state, (2) controlling between a operational state and a non-operational state and (3) controlling the speed of the engine. The examiner will examine accordingly. The examiner suggests amending claim 18 to recite “wherein the control system is further configured to control the operational state including…”. Claim 19 has a similar limitation and is rejected for the same reason.
Claim Rejections - 35 USC § 103
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.
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 1, 3-7, 9-10, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srnec et al. (US Pub. No. 2020/0141746, hereinafter “Srnec”) in view of Weber et al. (US Pub. No. 2018/0312121, hereinafter “Weber”).
Regarding claim 1, Srnec discloses a power system for a transport refrigeration unit of a vehicle (see at least Srnec Figure 1 vehicle 10, transport climate control system 102 [0026] “The transport climate control system 102 provides climate control (e.g., temperature, humidity, air quality, and the like) to the internal space 103 of the transport unit 100. Along with the TRU 105, the transport climate control system 102 can include one or more remote evaporator units in the internal space 103, sensors, etc.”) the system comprising:
a battery unit configured to supply electrical power to a refrigeration system of the transport refrigeration unit (see at least Srnec Figure 1, energy storage device 106 and [0029] “ Energy storage device 106 stores electrical energy to power compressor 104. Energy storage device 106 may include one or more batteries. The one or more batteries included in the energy storage device 106 may be a rechargeable battery.”) ;
a generator configured to charge the battery unit (see at least Srnec Figure 1, alternator 124 is a generator [0032] “Prime mover 122 is coupled to the alternator 124 that converts the mechanical power from prime mover 122 into electrical power” see also [0014] “In an embodiment, the transport climate control system further includes a prime mover configured to drive an alternator, the alternator charging the energy storage device.”)
an engine configured to drive the generator (see at least Srnec; Figure 1, prime mover 122, [0031] “Prime mover 122 may be an internal combustion engine, such as a gasoline or diesel engine.”) and
a control system (see at least Srnec Figure 1, system including processor 110 [0033] Processor 110 is located within the TRU 105. In other embodiments, the processor 110 can be provided in or on vehicle 10 or transport unit 100 and in communication with the power meter 108 and communications link 116..”) configured to:
receive or determine a vehicle route from a current location of the vehicle to a destination of the vehicle (see at least Srnec [0034] “The planned route may be determined prior to the vehicle 10 departing for the trip.” And [0033] “Processor 110 receives a planned route for the vehicle and route status data. The planned route and/or the route status data may be received via communication link 116”) ;
predict how a power level of the battery unit will change on the vehicle route (see at least Srnec; [0036] “The processor 110 is configured to determine, based on the planned route and the route status data, whether an energy level including the state of charge of the energy storage device 106 is sufficient to complete the planned route.” See also [0043-0046] “The predicted charging by the alternator 124 may be based on the planned route, for example a predicted time or distance during which prime mover 122 can be operated before the route enters an emissions-restricted zone and the transport climate control system 102 must be operated without using prime mover 122.” And [0048] “The route status data may include geographic data indicating characteristics of the geographic areas, such as constraints on emissions that may affect the ability to operate a prime mover 122. In an embodiment, the route status data identifies areas where the transport climate control system 102 is to be solely powered by the energy storage device 106”))
control an operational state of the engine based on the vehicle route and the predicted power level (Srnec teaches determining operation adjustments based on whether there is sufficient energy to complete the planned route, see at least Figure 2 and element 214 “determine operation adjustments” and [0052] and Figure 6 and corresponding text.) Further, Srnec teaches changing controlling the engine in a powered on state for charging the battery outside the emission controlled area to have sufficient energy for the route and controlling the engine to be in a powered off state and using the energy storage device (battery) when in the emission controlled area, see at least Srnec [0051] “In an embodiment, the alternate route increases the amount of time spent outside an area where the transport climate control system is to be solely powered by the energy storage device 106, for example to allow a prime mover 122 to charge the energy storage device 106 via alternator 124. In an embodiment, alternate route alternates stops within and outside the area where the transport climate control system 102 is to be solely powered by the energy storage device 106.” See also [0046], [0062] wherein there is sufficient energy, however there are segments using stored energy of the battery (e.g. engine controlled to be off) “In an embodiment, determining whether an energy level is sufficient to complete a route includes receiving the determined energy level 402, determining segments of the route using stored energy 404, determining predicted energy consumption 406, and comparing the predicted energy consumption to the energy level 408. Where the energy level is greater than the predicted energy consumption, the method 200, 400 may end or continue iterating by returning to obtaining the state of charge at 202 as shown in FIG. 2 and described above.”).
Srnec does not explicitly disclose controlling an operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route.
Weber discloses controlling an operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route (see at least Weber Figure 1, elements 102 and 110 and [0037] “Method 100 may also include receiving an operating parameter indicative of estimated future energy usage of the power plant (step 106), estimating, by a processor, an expected range of the vehicle based on the second data and the estimated future energy usage of the power plant (step 108), and adjusting, by a controller in electrical communication with the power plant, a performance parameter of the power plant to extend an actual range of the vehicle when the estimated expected range is less than the distance of the vehicle from the target destination (step 110).” See also [0039] “The operating parameter and performance parameters may include at least one of torque, instantaneous power, idle limits, speed, acceleration, change of acceleration, or any combination thereof. Thus, in some embodiments, methods may also include the step of instructing the controller, by the processor, to adjust the performance parameter” See also [0051] for support while on route.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Srnec with the teaching of Weber, with a reasonable expectation of success, because as Weber teaches controlling the operating parameters can extend the use of a power plant when the reserves of energy are limited (see at least Weber abstract and [0004-0007]).
The examiner notes that Weber also discloses predicting how a power level of the battery unit will change on the vehicle route (see at least Weber [0041] “a processor that receives a first data and a second data, the first data being indicative of a distance of the vehicle from a target destination, and the second data being indicative of a level of a potential energy of the energy source from a sensor that gauges the potential energy available for the power plant of the vehicle, wherein the processor estimates an expected range of the vehicle based on the second data and an operating condition of the vehicle, and when an estimated expected range of the vehicle is less than the distance of the vehicle from the target destination indicated by the first data, the processor instructs a controller to adjust a performance parameter of the power plant to extend an actual range of the vehicle.”)
Regarding claim 3, the combination of Srnec and Weber teach the system according to claim 1, wherein the control system is configured to:
determine that the route of the vehicle passes through a region in which the engine should not be operated (see at least Srnec [0046] “The predicted charging by the alternator 124 may be based on the planned route, for example a predicted time or distance during which prime mover 122 can be operated before the route enters an emissions-restricted zone and the transport climate control system 102 must be operated without using prime mover 122.”); and
control the operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route such that the power level of the battery unit is above a second predetermined value when the vehicle enters the region in which the engine should not be operated (See the combination of Srnec and Weber. Srnec teaches controlling the engine in a powered on state for charging the battery outside the emission controlled area to have sufficient energy for the route and controlling the engine to be in a powered off state and using the energy storage device (battery) when in the emission controlled area, see at least Srnec [0051] “In an embodiment, the alternate route increases the amount of time spent outside an area where the transport climate control system is to be solely powered by the energy storage device 106, for example to allow a prime mover 122 to charge the energy storage device 106 via alternator 124. In an embodiment, alternate route alternates stops within and outside the area where the transport climate control system 102 is to be solely powered by the energy storage device 106.” See also [0046], [0062] wherein there is sufficient energy, however there are segments using stored energy of the battery (e.g. engine controlled to be off) “In an embodiment, determining whether an energy level is sufficient to complete a route includes receiving the determined energy level 402, determining segments of the route using stored energy 404, determining predicted energy consumption 406, and comparing the predicted energy consumption to the energy level 408. Where the energy level is greater than the predicted energy consumption, the method 200, 400 may end or continue iterating by returning to obtaining the state of charge at 202 as shown in FIG. 2 and described above.” See also Weber [0037-0041] which teaches the performance parameters (which include torque, power, …etch) of the power plant (including an engine) are adjusted to extend the range of the vehicle during the travel to the target destination. For example [0037] “Method 100 may also include receiving an operating parameter indicative of estimated future energy usage of the power plant (step 106), estimating, by a processor, an expected range of the vehicle based on the second data and the estimated future energy usage of the power plant (step 108), and adjusting, by a controller in electrical communication with the power plant, a performance parameter of the power plant to extend an actual range of the vehicle when the estimated expected range is less than the distance of the vehicle from the target destination (step 110).” And [0041] “Systems for extending a range of a vehicle disclosed herein may include a controller in electrical communication with a power plant of the vehicle, an energy source that imparts potential energy into the power plant, a processor that receives a first data and a second data, the first data being indicative of a distance of the vehicle from a target destination, and the second data being indicative of a level of a potential energy of the energy source from a sensor that gauges the potential energy available for the power plant of the vehicle, wherein the processor estimates an expected range of the vehicle based on the second data and an operating condition of the vehicle, and when an estimated expected range of the vehicle is less than the distance of the vehicle from the target destination indicated by the first data, the processor instructs a controller to adjust a performance parameter of the power plant to extend an actual range of the vehicle.”).
Regarding claim 4, the combination of Srnec and Weber teach the system according to claim 3, wherein the region in which the engine should not be operated is a low emission zone or a low noise zone (see at least Srnec [0035] “The route status data may include geographic data indicating characteristics of the geographic areas, such as constraints on emissions that may affect the ability to operate the prime mover 122. The route status data may include road availability information, such as, for example, road closures, detours, etc. In an embodiment, the route status data identifies areas where the transport climate control system 102 can be solely powered by the energy storage device 106.” and [0046] “The predicted charging by the alternator 124 may be based on the planned route, for example a predicted time or distance during which prime mover 122 can be operated before the route enters an emissions-restricted zone and the transport climate control system 102 must be operated without using prime mover 122.”)
Regarding claim 5, the combination of Srnec and Weber teach the system according to claim 1, comprising:
a position determining system for determining the current location of the vehicle (see at least Srnec. In an embodiment, the system on vehicle 100 is in communication with a remote device 114 via a communications link 116. [0038] “Remote device 114 is a computing device separate from vehicle 10 or transport unit 100. In an embodiment, remote device 114 is a remote server. In an embodiment, the remote device 114 can be a mobile device of the driver. Remote device 114 can provide the planned route and/or the route status data to processor 110 via communications link 116. Remote device 114 may further receive notifications generated by processor 110 in place of or in addition to display 112. Remote device 114 may include a user input device such as a touchscreen, mouse, keyboard, or the like allowing user input, for example, in response to a notification generated by processor 110. In an embodiment, remote device 114 is a server of a routing, fleet management, or telematics system. In an embodiment, remote device 114 is a mobile device such as a cellular phone or tablet. In an embodiment where remote device 114 is a mobile device such as a cellular phone or tablet, it may obtain the planned route and/or route status data from a server of a routing, fleet management, or telematics system.”)
Regarding claim 6, the combination of Srnec and Weber teach a transport refrigeration unit) of a vehicle, comprising:
a refrigeration system configured to cool a compartment of the vehicle (see at least Srnec [0024] “FIG. 1 shows a system diagram of a vehicle 10 according to an embodiment, including a transport unit 100 that includes transport climate control system 102. The transport climate control system 102 includes a transport refrigeration unit (TRU) 105 mounted to a front wall of the transport unit 100. The TRU 105 includes a refrigeration circuit including compressor 104. The transport unit 100 also includes an energy storage device 106, a power meter 108, a processor 110, and may include a display 112”).; and
the power system according to claim 1 (see at least Srnec as addressed above with respect to claim 1).
Regarding claim 7, Srnec teaches the method of powering a transport refrigeration unit of a vehicle, wherein the transport refrigeration unit comprises a refrigeration system, a battery unit for powering the refrigeration system, a generator for charging the battery unit, and an engine for driving the generator (see at least Srnec Figure 1, transport climate control system 102, energy storage device 106, alternator 124, prime mover 122), the method comprising:
determining a vehicle route from a current location of the vehicle to a destination of the vehicle (see at least Srnec [0034] “The planned route may be determined prior to the vehicle 10 departing for the trip.” And [0033] “Processor 110 receives a planned route for the vehicle and route status data. The planned route and/or the route status data may be received via communication link 116”)
predicting how a power level of the battery unit will change on the vehicle route (see at least Srnec; [0036] “The processor 110 is configured to determine, based on the planned route and the route status data, whether an energy level including the state of charge of the energy storage device 106 is sufficient to complete the planned route.” See also [0043-0046] “The predicted charging by the alternator 124 may be based on the planned route, for example a predicted time or distance during which prime mover 122 can be operated before the route enters an emissions-restricted zone and the transport climate control system 102 must be operated without using prime mover 122.” And [0048] “The route status data may include geographic data indicating characteristics of the geographic areas, such as constraints on emissions that may affect the ability to operate a prime mover 122. In an embodiment, the route status data identifies areas where the transport climate control system 102 is to be solely powered by the energy storage device 106”) and
controlling an operational state of the engine based on the vehicle route and the predicted power level (Srnec teaches controlling the engine in a powered on state for charging the battery outside the emission controlled area to have sufficient energy for the route and controlling the engine to be in a powered off state and using the energy storage device (battery) when in the emission controlled area, see at least Srnec [0051] “In an embodiment, the alternate route increases the amount of time spent outside an area where the transport climate control system is to be solely powered by the energy storage device 106, for example to allow a prime mover 122 to charge the energy storage device 106 via alternator 124. In an embodiment, alternate route alternates stops within and outside the area where the transport climate control system 102 is to be solely powered by the energy storage device 106.” See also [0046], [0062] wherein there is sufficient energy, however there are segments using stored energy of the battery (e.g. engine controlled to be off) “In an embodiment, determining whether an energy level is sufficient to complete a route includes receiving the determined energy level 402, determining segments of the route using stored energy 404, determining predicted energy consumption 406, and comparing the predicted energy consumption to the energy level 408. Where the energy level is greater than the predicted energy consumption, the method 200, 400 may end or continue iterating by returning to obtaining the state of charge at 202 as shown in FIG. 2 and described above.”).
Srnec does not explicitly disclose controlling an operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route.
Weber discloses controlling an operational state of the engine based on the vehicle route and the predicted power level while travelling on the vehicle route (see at least Weber Figure 1, elements 102 and 110 and [0037] “Method 100 may also include receiving an operating parameter indicative of estimated future energy usage of the power plant (step 106), estimating, by a processor, an expected range of the vehicle based on the second data and the estimated future energy usage of the power plant (step 108), and adjusting, by a controller in electrical communication with the power plant, a performance parameter of the power plant to extend an actual range of the vehicle when the estimated expected range is less than the distance of the vehicle from the target destination (step 110).” See also [0039] “The operating parameter and performance parameters may include at least one of torque, instantaneous power, idle limits, speed, acceleration, change of acceleration, or any combination thereof. Thus, in some embodiments, methods may also include the step of instructing the controller, by the processor, to adjust the performance parameter” See also [0051] for support while on route.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Srnec with the teaching of Weber, with a reasonable expectation of success, because as Weber teaches controlling the operating parameters can extend the use of a power plant when the reserves of energy are limited (see at least Weber abstract and [0004-0007]).
The examiner notes that Weber also discloses predicting how a power level of the battery unit will change on the vehicle route (see at least Weber [0041] “a processor that receives a first data and a second data, the first data being indicative of a distance of the vehicle from a target destination, and the second data being indicative of a level of a potential energy of the energy source from a sensor that gauges the potential energy available for the power plant of the vehicle, wherein the processor estimates an expected range of the vehicle based on the second data and an operating condition of the vehicle, and when an estimated expected range of the vehicle is less than the distance of the vehicle from the target destination indicated by the first data, the processor instructs a controller to adjust a performance parameter of the power plant to extend an actual range of the vehicle.”)
Regarding claim 9, the combination of Srnec and Weber teach the method according to claim 7, comprising:
determining that the ro