DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 01/29/2026 and 07/14/2026 has/have been considered by the examiner.
Response to Arguments
Applicant has amended independent claims 1, 19, and 20. The amendment adds the limitation “wherein from among the plurality of batteries, the selecting unit selects, as the battery to be the target of the power transmission/reception, a battery having the deterioration state equal to or higher than the first threshold value in priority to a battery having the deterioration state lower than the first threshold value”, which narrows the scope of the independent claims.
Applicant has amended dependent claims 2-4, 6-8, 10-13, and 16-17.
Applicant has canceled claims 5 and 14-15.
Regarding the rejection of claims 1-4, 6-8, 10-13, and 16-18 under 35 USC 112(b), applicant amendments have successfully traversed the rejection. Examiner withdraws the rejection of claims 1-4, 6-8, 10-13, and 16-18 under 35 USC 112(b).
Applicant's arguments filed 04/28/2026 have been fully considered but they are moot. New grounds of rejection are presented herein as necessitated by amendment.
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) 1-3, 6, 9-10, 16-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murayama et al (US 20140320062 A1)
Regarding claim 1, Murayama teaches a control device, (¶0034 "[FIG 1] charge/discharge system 2 includes: a power distribution panel 21; a plurality of charge/discharge converters 22 to which the number (1) to the arbitrary number (n) are assigned; a control unit 23; and the communication unit 24")
comprising: an acquisition unit for acquiring a deterioration state of each of a plurality of batteries capable of power transmission/reception with a power grid on an outside, (¶0040 "in Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)")
and use information (¶0029 "storage battery information memory unit 12 memorizes information regarding a deterioration of the EV storage battery 11 as storage battery information of the EV storage battery 11")
representing at least any of a use time of each of the plurality of batteries, the use time indicating a time in which a vehicle is in active use, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11… charge/discharge/rate is a charge/discharge capacity per unit time", memory unit 12 collects the charge/discharge information when the battery is in active use)
a moving distance up to a present time of the vehicle comprising the plurality of batteries, (¶0032 "storage battery information memory unit 12 may memorize an accumulated running distance as an index indicating the deterioration of the EV storage battery 11")
and an integral power amount that is output up to the present time by each of the plurality of batteries; (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11")
and a selecting unit for selecting, based on a comparison result between the deterioration state (¶0045 "[FIG 2] Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1")
and a predetermined first threshold value that is decided in accordance with the use information, a battery to be a target of the power transmission/reception from the plurality of batteries, (¶0052 “[FIG 3] Step S11, the control unit 23 decides, within a predetermined range, a target value of a charge level of M pieces of the electric vehicles 1 placed behind in the order of use”, please see below for further detail)
wherein from among the plurality of batteries, the selecting unit selects, as the battery to be the target of the power transmission/reception a battery having the deterioration state equal to or higher than the first threshold value (¶0045 “ Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”, ¶0046 “electric vehicle 1 is placed ahead more in the order of use as the deterioration of the electric vehicle 1 is smaller, and accordingly, variations among lifetime deteriorations of the EV storage batteries 11 in the plurality of electric vehicles 1 can be suppressed”)
in priority to a battery having the deterioration state lower than the first threshold value. (¶0045 “next Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”)
Murayama FIG 2 depicts steps S1 and S2. Step S1 confirms the deterioration state of all the EV batteries, and step S2 orders those batteries starting with the least deteriorated to the most deteriorated as detailed in ¶0046. The batteries are then charged from the lowest deterioration state to the highest deterioration state.
Applicant specification describes the “predetermined first threshold” and in ¶0030 discloses “The selecting unit 220 selects, based on a comparison result between the deterioration state and a predetermined first threshold value that is decided in accordance with the use information, the battery 12 to be the target of power transmission/reception from the plurality of batteries 12”. The broadest reasonable interpretation of this would be that the predetermined first threshold value would be a value that is set by comparing the deterioration state of the plurality of batteries for the purpose of determining a charging/discharging order or a brand new battery with no deterioration. This would perform the same functionality as the lower limit value of Murayama’s predetermined range. Applicant specification ¶0042 discloses “selecting unit 220 preferentially selects, for each of the batteries 12, the battery 12 in which the SOH is equal to or higher than the deterioration threshold value as the battery 12 for performing power transmission/reception between the power grid 90”, indicating that an SOH higher than a deterioration threshold is a value where the deterioration of the battery is below or smaller than a threshold.
Similarly for claim 19 as applied to a non-transitory computer readable medium. (¶0040 “control unit 23 in this vehicle management system performs processing shown in FIG. 2”, control unit 23 necessarily has a non-transitory computer readable medium to store and perform processing in FIGs 2-6 and FIG 8)
Similarly for claim 20 as applied to a control method. (FIGs 2-6)
Regarding claim 2, Murayama teaches the control device according to claim 1. Murayama wherein the use information comprises at least the use time, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11… charge/discharge/rate is a charge/discharge capacity per unit time", broadest reasonable interpretation of “use time” is any time in which the vehicle is in use is a use time.)
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the use time becomes longer. (¶0054 “Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value. At this time, the control unit 23 implements the charge/discharge for the electric vehicles 1 in each of which the charge level is decided to be within the preset predetermined range of the target value of the charge level in Step S11”, ¶0055 “operation of this Step S12 is illustrated as shown in FIG. 4”)
Regarding claim 3, Murayama teaches the control device according to claim 1. Murayama wherein the use information comprises at least the moving distance, (¶0032 "storage battery information memory unit 12 may memorize an accumulated running distance as an index indicating the deterioration of the EV storage battery 11")
the deterioration state indicates of deteriorate a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the moving distance. (¶0054 “Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value. At this time, the control unit 23 implements the charge/discharge for the electric vehicles 1 in each of which the charge level is decided to be within the preset predetermined range of the target value of the charge level in Step S11”, ¶0055 “operation of this Step S12 is illustrated as shown in FIG. 4”)
Regarding claim 6, Murayama teaches the control device according to claim 1. Murayama further teaches further comprising a priority setting unit for setting a priority for each of the plurality of batteries to be selected as a battery for performing the power transmission/reception, (¶0045 “[FIG 3] next Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”, ¶0054 “[FIG 3] Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value”)
wherein the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the priority becomes higher. (¶0045 “[FIG 5, S2] control unit 23 decides such an order of use so that, as the deteriorated state of the EV storage battery 11 is smaller, the electric vehicle 1 can be placed ahead more in the order of use (order-of-use deciding means)”)
Regarding claim 9, Murayama teaches the control device according to claim 1. Murayama wherein the plurality of batteries are batteries mounted on a plurality of vehicles that are different from one another. (¶0023 “[FIG 1] This vehicle management system includes: a plurality of electric vehicles (EV) 1 to which a number (1) to an arbitrary number (n) are assigned; and a charge/discharge system 2”, ¶0027 “Each of the electric vehicles 1 includes: an EV storage battery 11; a storage battery information memory unit 12; and a communication unit 13”)
Regarding claim 10, Murayama teaches the control device according to claim 2. Murayama further teaches wherein the use information comprises at least the moving distance, (¶0032 “storage battery information memory unit 12 may memorize an accumulated running distance as an index indicating the deterioration of the EV storage battery 11”)
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the moving distance. (¶0032 “storage battery information memory unit 12 may memorize an accumulated running distance as an index indicating the deterioration of the EV storage battery 11”)
Regarding claim 16, Murayama teaches the control device according to claim 3. Murayama further comprising a priority setting unit for setting a priority for each of the plurality of batteries to be selected as a battery for performing the power transmission/reception, (¶0045 “[FIG 3] next Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”, ¶0054 “[FIG 3] Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value”)
wherein the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the priority becomes higher. (¶0045 “[FIG 5, S2] control unit 23 decides such an order of use so that, as the deteriorated state of the EV storage battery 11 is smaller, the electric vehicle 1 can be placed ahead more in the order of use (order-of-use deciding means)”)
Regarding claim 17, Murayama teaches the control device according to claim 1. Murayama further comprising a priority setting unit for setting a priority for each of the plurality of batteries to be selected as a battery for performing the power transmission/reception, (¶0045 “[FIG 3] next Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”, ¶0054 “[FIG 3] Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value”)
wherein the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the priority becomes higher. (¶0045 “[FIG 5, S2] control unit 23 decides such an order of use so that, as the deteriorated state of the EV storage battery 11 is smaller, the electric vehicle 1 can be placed ahead more in the order of use (order-of-use deciding means)”)
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) 4, 7-8, 11-13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murayama modified by Kondo et al (US 20150166046 A1)
Regarding claim 4, Murayama teaches the control device according to claim 1. Murayama further teaches wherein the use information comprises at least the integral power amount, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11")
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
[and the first threshold value is reduced with an increase of the integral power amount becomes larger.]
The control device as taught by Murayama discloses in ¶0029 “storage battery information memory unit 12 memorizes information regarding a deterioration of the EV storage battery 11 as storage battery information of the EV storage battery 11”, indicating that any information the memory unit 12 memorizes is incorporated into the method for determining the deterioration state of EV storage battery 11. Murayama does not explicitly disclose and the first threshold value is reduced with an increase of the integral power amount becomes larger.
Kondo teaches and the first threshold value is reduced with an increase of the integral power amount becomes larger. (¶0025 “[FIG 3] step S30.sub.1, the battery state determination part 12 determines whether the engine start voltage Vstart is greater than or equal to a predetermined value .alpha.1. The predetermined value .alpha.1 is smaller than the predetermined value .alpha.0, and may correspond to a minimum value of a possible range of the engine start voltage Vstart of the battery 60 at the degradation level "1"”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein the first threshold value is reduced with an increase of the integral power as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 7, Murayama teaches the control device according to claim 6. Murayama further comprising a deterioration information storing unit for storing therein first deterioration information representing and second deterioration information, (¶0029 “storage battery information memory unit 12 memorizes information regarding a deterioration of the EV storage battery 11 as storage battery information of the EV storage battery 11”)
[each of which represents a variation in the first threshold value with respect to a variation in the use time, wherein the variation in the first threshold value of the second deterioration information is smaller than the variation in the first threshold value with respect to a variation in the use time is smaller than of the first deterioration information,]
wherein the use information comprises at least the use time, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11… charge/discharge/rate is a charge/discharge capacity per unit time", memory unit 12 collects the charge/discharge information when the battery is in active use)
and the selecting unit selects, for each of the plurality of batteries, either of the first deterioration information and the second deterioration information in accordance with the priority, (¶0039 “The control unit 23 decides an order of use of the plurality of electric vehicles 1 based on deteriorated states of the EV storage batteries 11 in the respective electric vehicles 1, the deteriorated states corresponding to the charge levels of the EV storage batteries 11 concerned”)
[and calculates the first threshold value by using the selected deterioration information.]
Murayama ¶0053 discloses “predetermined range of the target value of the charge level is preset by a value of an experiment using the EV storage batteries 11, and the like”, indicating that the predetermined range, and thereby the first threshold value, is determined using control unit 23 using the deterioration information. Murayama does not explicitly disclose each of which represents a variation in the first threshold value with respect to a variation in the use time, wherein the variation in the first threshold value of the second deterioration information is smaller than the variation in the first threshold value with respect to a variation in the use time is smaller than of the first deterioration information, and calculates the first threshold value by using the selected deterioration information.
Kondo teaches each of which represents a variation in the first threshold value with respect to a variation in the use time, wherein the variation in the first threshold value of the second deterioration information is smaller than the variation in the first threshold value with respect to a variation in the use time is smaller than of the first deterioration information, (¶0025 “predetermined value .alpha.1 is smaller than the predetermined value .alpha.0, and may correspond to a minimum value of a possible range of the engine start voltage Vstart of the battery 60 at the degradation level "1"”)
and calculates the first threshold value by using the selected deterioration information. (¶0024 “[FIG 3] step S30.sub.0, the battery state determination part 12 detects the battery voltage (engine start voltage Vstart) at the time of the engine start based on the information from the voltage sensor 64, and determines whether the engine start voltage Vstart is greater than or equal to a predetermined value .alpha.0”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein the variation in the first threshold value of the second deterioration information is smaller than the variation in the first threshold value with respect to a variation in the use time is smaller than of the first deterioration information, and calculates the first threshold value by using the selected deterioration information as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 8, Murayama teaches the control device according to claim 1. Murayama further comprising [a charge and discharge limiting unit for limiting at least either of charge and discharge power and an amount of charge and discharge power of, among the plurality of batteries, a battery in which the deterioration state is lower than a second threshold value,]
wherein the deterioration state indicates a degree of deterioration of each of the plurality of batteries. (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
Murayama does not teach a charge and discharge limiting unit for limiting at least either of charge and discharge power and an amount of charge and discharge power of, among the plurality of batteries, a battery in which the deterioration state is lower than a second threshold value.
Kondo teaches a charge and discharge limiting unit (¶0021 “fuel economy prevention part 18 determines, based on the degradation degree of the battery 60 determined by the battery state determination part 12… fuel economy prevention part 18 prevents the charge control and the idling stop control by the idling stop control ECU 30”)
for limiting at least either of charge and discharge power and an amount of charge and discharge power of, among the plurality of batteries, a battery in which the deterioration state is lower than a second threshold value. (¶0028 “[FIG 3] step S31.sub.1 is terminated, the process routine goes to step S32. The permissible cumulative charge/discharge electricity amount A.sub.1 corresponds to an upper limit of the cumulative charge/discharge electricity amount that is permissible with respect to the battery 60 at the degradation level "1" in terms of life preservation”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein a charge and discharge limiting unit for limiting at least either of charge and discharge power and an amount of charge and discharge power of, among the plurality of batteries, a battery in which the deterioration state is lower than a second threshold value as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 11, Murayama teaches the control device according to claim 2. Murayama further teaches wherein the use information comprises at least the integral power amount, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11")
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
[and the first threshold value is reduced with an increase of the integral power amount becomes larger.]
The control device as taught by Murayama discloses in ¶0029 “storage battery information memory unit 12 memorizes information regarding a deterioration of the EV storage battery 11 as storage battery information of the EV storage battery 11”, indicating that any information the memory unit 12 memorizes is incorporated into the method for determining the deterioration state of EV storage battery 11. However, Murayama does not explicitly disclose and the first threshold value is reduced with an increase of the integral power amount becomes larger.
Kondo teaches and the first threshold value is reduced with an increase of the integral power amount becomes larger. (¶0025 “[FIG 3] step S30.sub.1, the battery state determination part 12 determines whether the engine start voltage Vstart is greater than or equal to a predetermined value .alpha.1. The predetermined value .alpha.1 is smaller than the predetermined value .alpha.0, and may correspond to a minimum value of a possible range of the engine start voltage Vstart of the battery 60 at the degradation level "1"”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein the first threshold value is reduced with an increase of the integral power as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 12, Murayama teaches the control device according to claim 3. Murayama further teaches wherein the use information comprises at least the integral power amount, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11")
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the integral power amount becomes larger. (¶0025 “[FIG 3] step S30.sub.1, the battery state determination part 12 determines whether the engine start voltage Vstart is greater than or equal to a predetermined value .alpha.1. The predetermined value .alpha.1 is smaller than the predetermined value .alpha.0, and may correspond to a minimum value of a possible range of the engine start voltage Vstart of the battery 60 at the degradation level "1"”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein the first threshold value is reduced with an increase of the integral power amount becomes larger as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 13, Murayama teaches the control device according to claim 10. Murayama wherein the use information comprises at least the integral power amount, (¶0030 "storage battery information memory unit 12 may include a history of a depth of discharge, a history of a charge/discharge capacity and a history of a charge/discharge rate as the charge/discharge history information regarding the EV storage battery 11")
the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the integral power amount becomes larger. (¶0025 “[FIG 3] step S30.sub.1, the battery state determination part 12 determines whether the engine start voltage Vstart is greater than or equal to a predetermined value .alpha.1. The predetermined value .alpha.1 is smaller than the predetermined value .alpha.0, and may correspond to a minimum value of a possible range of the engine start voltage Vstart of the battery 60 at the degradation level "1"”)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the control device as taught by Murayama wherein the first threshold value is reduced with an increase of the integral power amount becomes larger as taught by Kondo. Murayama discloses a vehicle management system which includes state detecting means for detecting deteriorated states of a plurality of electric vehicles and deciding an order of use of the electric vehicle batteries based on the degradation model. Kondo discloses a vehicle control apparatus which uses the degradation degree of the battery to control the charging/discharging of the vehicle battery. Kondo FIG 3 depicts the logic stored on ECU 10 which iteratively determines a threshold (.alpha.n) based on the degradation level of the battery. Incorporating the battery degradation model depicted by Kondo FIG 3 into the control device as taught by Murayama would result in the claimed invention. The modification would be obvious because one of ordinary skill in the art would be motivated to improve vehicle energy efficiency to minimize battery deterioration and maximize battery lifespan.
Regarding claim 18, Murayama modified by Kondo teaches the control device according to claim 4. Murayama modified by Kondo further teaches further comprising a priority setting unit for setting a priority for each of the plurality of batteries to be selected as a battery for performing the power transmission/reception, (Murayama ¶0045 “[FIG 3] next Step S2, the control unit 23 decides such an order of using the electric vehicles 1 based on the deteriorated states of the EV storage batteries 11, which are confirmed in Step S1”, ¶0054 “[FIG 3] Step S12, the charge/discharge system 2 implements the charge/discharge for the EV storage batteries 11 so that the charge levels can reach the target value”)
wherein the deterioration state indicates a degree of deterioration of each of the plurality of batteries, (Murayama¶0040 “Step S1, the control unit 23 detects (confirms) the deteriorated states of the EV storage batteries 11 of all of the electric vehicles 1 (state detecting means)”)
and the first threshold value is reduced with an increase of the priority becomes higher. (Murayama ¶0045 “[FIG 5, S2] control unit 23 decides such an order of use so that, as the deteriorated state of the EV storage battery 11 is smaller, the electric vehicle 1 can be placed ahead more in the order of use (order-of-use deciding means)”)
Claim Objections
Claim(s) 1, 19, and 20 is/are objected to due to ambiguity of the amended limitation “use information representing at least any of a use time of each of the plurality of batteries, the use time indicating a time in which a vehicle is in active use, a moving distance up to a present time of the vehicle comprising the plurality of batteries, and an integral power amount that is output up to the present time by each of the plurality of batteries” wherein the underlined portion could be read in multiple ways. The quoted limitation is defining the use information as a list of possible parameters, and the emphasized portion could be read as one of those possible choices. However, the emphasized portion may also be read as a definition for the prior choice of “a use time of each of the plurality of batteries”.
Claim 2 is objected to due to a grammatical informality in the limitation “the deterioration state indicates a degree of deterioration of each of the plurality of batteries”. Examiner suggests “the deterioration state which indicates a degree of deterioration of each of the plurality of batteries”.
Prior Art Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited by Examiner attached to this correspondence.
Lee et al (US 20160041231 A1) discloses a method and apparatus for using historical battery data to determine a battery degradation model based on state of health to improve battery lifespan.
Nishikawa et al (US 20140167657 A1) discloses a battery control device for an electric vehicle which prioritizes the charge/discharge of batteries based on the state of health of each battery.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA M KOTOWSKI whose telephone number is (571)270-3771. The examiner can normally be reached Monday-Friday 8a-5p.
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, Julian Huffman can be reached at (571) 2722147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LISA KOTOWSKI/Examiner, Art Unit 2859 /JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
Prosecution Insights