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 the Claims
Claims 1-20 have been examined.
Response to Arguments
Applicant’s arguments, filed on 11/30/2025, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Murase (US20140292235A1) for claims 1-7 and Murase (US20140292235A1) , and Tae (US20130009648A1) for claims 8-20.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Murase (US20140292235A1).
Claim.1 Murase discloses a method (see at least abstract, an electric vehicle comprises an electric motor for driving a wheel, p1, a driving method of the electric vehicle, p24, a method is provided for driving an electric vehicle of the present invention), comprising: detachably coupling an auxiliary battery to a device that includes an internal battery through an external port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8); determining a state of charge (SOC) of the internal battery based on a battery management system (BMS) (see at least fig.1-4, 6-9, p59-62, the controller 3 is connected to the main battery 95and the three sub-batteries 6 via power supply path 30, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95); determine whether to supply power to a power consuming component of the device from the auxiliary battery or the internal battery of the device based on the SOC of the internal battery in comparison to a SOC threshold (see at least fig.1-4, 6-9, p59-61, the controller 3 is connected to the main battery 95 and the three sub-batteries 6 via power supply paths 30, the controller 3 is capable of sending the electric power from the four batteries 6 and 95 to the electric motor 4, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95, the lower limit value of the SOC of the main battery 95 and the lower limit value of the SOCs of the sub-batteries 6 are pre-set in the controller 3 as predetermined values, p65, the controller 3 detects the SOC of the main battery 95 (step S11)); and configuring a switch within the device to control the power consuming component of the device to receive power directly from the auxiliary battery coupled to the device based on the determination (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.2 Murase discloses wherein the configuring is responsive to the auxiliary battery being attached to a port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8).
Claim.3 Murase discloses comprising: providing electricity, from the auxiliary battery, to the power consuming component of the device based on the configured switch (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.4 Murase discloses further comprising directing electricity from the internal battery to components of the device that consume a lower amount of electricity compared to other components of the device (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.5 Murase discloses wherein the configuring comprises: disabling non-essential components of the device when both the SOC of the internal battery and another SOC of the auxiliary battery are below a threshold (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.6 Murase discloses wherein the switch comprises a first switch associated with the auxiliary battery and a second switch associated with the internal battery, and the configuring comprises the first and second switches (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.7 Murase discloses comprising: receiving a code associated with the auxiliary battery; and authenticating, by the device, the auxiliary battery based on the received code (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p65-66, the battery switching operation in the case of normal travel. Initially, when the electric motorcycle 1 starts travel, the controller 3 detects whether or not the sub-battery 6 is stored in the top case 8 or the side cases 80 based on the signal from the mounting detecting sensor 84 (step S1),the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
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 (i.e., changing from AIA to pre-AIA ) 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(s) 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murase (US20140292235A1) , and further in view of Tae (US20130009648A1).
Claim.8 Murase discloses a system (see at least abstract, an electric vehicle comprises an electric motor for driving a wheel, p1, a driving method of the electric vehicle, p24, a method is provided for driving an electric vehicle of the present invention), comprising: detachably coupling an auxiliary battery to a device that includes an internal battery through an external port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8); determine a state of charge (SOC) of the internal battery based on a battery management system (BMS) (see at least fig.1-4, 6-9, p59-62, the controller 3 is connected to the main battery 95and the three sub-batteries 6 via power supply path 30, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95); determine whether to supply power to a power consuming component of the device from the auxiliary battery or the internal battery of the device based on the SOC of the internal battery in comparison to a SOC threshold (see at least fig.1-4, 6-9, p59-61, the controller 3 is connected to the main battery 95 and the three sub-batteries 6 via power supply paths 30, the controller 3 is capable of sending the electric power from the four batteries 6 and 95 to the electric motor 4, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95, the lower limit value of the SOC of the main battery 95 and the lower limit value of the SOCs of the sub-batteries 6 are pre-set in the controller 3 as predetermined values, p65, the controller 3 detects the SOC of the main battery 95 (step S11)); and configure a switch within the device to control the power consuming component of the device to receive power directly from the auxiliary battery coupled to the device based on the determination (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Murase does not discloses at least one processor; and a memory, wherein the at least one processor and the memory are communicably coupled, wherein the at least one processor is configured to.
Tae discloses a system (see at least abstract, a battery management system (BMS)), comprising: at least one processor; and a memory, wherein the at least one processor and the memory are communicably coupled, wherein the at least one processor is configured to: (see at least fig.1, p79, the device described herein may comprise a processor, a memory for storing program data and executing it, a permanent storage device such as a disk drive, a communication port for handling communications with external devices).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to modify Murase to include at least one processor; and a memory, wherein the at least one processor and the memory are communicably coupled, wherein the at least one processor is configured to by Tae in order to for determining a defect of a relay between an inverter and a battery used in a vehicle using electric energy (see Tae’s p3).
Claim.9 Murase discloses wherein the at least one processor is configured to configure the switch responsive to the auxiliary battery being attached to a port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8).
Claim.10 Murase discloses wherein the at least one processor is further configured to: provide electricity, from the auxiliary battery, to power consuming component of the device based on the configured switch (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.11 Murase discloses wherein the at least one processor is configured to direct electricity to components of the device, which consume a lower amount of electricity compared to other components of the device (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.12 Murase discloses wherein the at least one processor is configured to: disable non-essential components of the device when both the SOC of the internal battery and another SOC of the auxiliary battery are below a threshold (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.13 Murase discloses wherein the switch comprises a first switch associated with the auxiliary battery a second switch associated with the internal battery, and the at least one processor configured the first and second switches (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.14 Murase discloses wherein the at least one processor is further configured to: receive a code associated with the auxiliary battery; and authenticates, by the device, the auxiliary battery based on the received code (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p65-66, the battery switching operation in the case of normal travel. Initially, when the electric motorcycle 1 starts travel, the controller 3 detects whether or not the sub-battery 6 is stored in the top case 8 or the side cases 80 based on the signal from the mounting detecting sensor 84 (step S1),the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.15: Murase discloses detachably coupling an auxiliary battery to a device that includes an internal battery through an external port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8); determining a state of charge (SOC) of the internal battery based on a battery management system (BMS) (see at least fig.1-4, 6-9, p59-62, the controller 3 is connected to the main battery 95and the three sub-batteries 6 via power supply path 30, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95); determining whether to supply power to a power consuming component of the device from the auxiliary battery or the internal battery of the device based on the SOC of the internal battery in comparison to a SOC threshold (see at least fig.1-4, 6-9, p59-61, the controller 3 is connected to the main battery 95 and the three sub-batteries 6 via power supply paths 30, the controller 3 is capable of sending the electric power from the four batteries 6 and 95 to the electric motor 4, the controller 3 is capable of detecting the SOCs of the batteries 6 and 95 by measuring the voltages of the batteries 6 and 95, the lower limit value of the SOC of the main battery 95 and the lower limit value of the SOCs of the sub-batteries 6 are pre-set in the controller 3 as predetermined values, p65, the controller 3 detects the SOC of the main battery 95 (step S11)); and configuring a switch within the device to control the power consuming component of the device to receive power directly from the auxiliary battery coupled to the device based on the determination (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Murase does not discloses a computer-readable storage medium comprising instructions, that when read by a processor, cause the processor to perform.
Tae discloses a computer-readable storage medium comprising instructions, that when read by a processor, cause the processor to perform (see at least fig.1, p79, the device described herein may comprise a processor, a memory for storing program data and executing it, a permanent storage device such as a disk drive, a communication port for handling communications with external devices).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to modify Murase to include a computer-readable storage medium comprising instructions, that when read by a processor, cause the processor to perform by Tae in order to for determining a defect of a relay between an inverter and a battery used in a vehicle using electric energy (see Tae’s p3).
Claim.16 Murase discloses wherein the configuring is responsive to the auxiliary battery being attached to a port of the device (see at least fig.1-4, p24, a sub-battery mounting section to which a sub-battery for activating the electric motor is detachably mounted, a connection terminal to which a terminal of the sub-battery mounted to the sub-battery mounting section is connected, p52, the sub-battery 6 is mounted in the top case 8).
Claim.17 Murase discloses comprising: providing electricity, from the auxiliary battery, to the power consuming component of the device based on the configured switch (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.18 Murase discloses wherein the processor is further configured to perform directing electricity to components of the device which consume a lower amount of electricity compared to other components of the device (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.19 Murase discloses wherein the configuring comprises: disabling non-essential components of the device when both the SOC of the internal battery and another SOC of the auxiliary battery are below a threshold (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Claim.20 Murase discloses wherein the switch comprises a first switch associated with the auxiliary battery a second switch associated with the internal battery, and the configuring comprises configuring the first and second switches (see at least fig.1-4, 6-9, p8, the SOC detecting section; wherein the controller has a switching function in which , when the sub-battery detecting section detects that the SOC of the sub-battery is equal to or greater than a predetermined value, p66, the controller 3 detects that the SOC of the sub-battery 6 is equal to or greater than the predetermined value, it turns ON the switching element 31 provided on the power supply path 30 connected to the sub-battery 6, supplies the electric power from the sub-battery 6 to the electric motor 4 (step S4), and causes the vehicle body to travel (step S5)).
Conclusion
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/SHARDUL D PATEL/Primary Examiner, Art Unit 3664