DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant has amended claims 1, 3, and 4, added claim 10, and cancelled claim 2.
Applicant argues Zeiler et al (US 20190160972 A1) does not teach the amended limitations 1b and 1c of claim 1, similarly for claims 3 and 4 regarding limitation 2.
Applicant argues that Zeiler does not teach the amended limitation “in the discharging mode, when the remaining power level of the one of the battery packs used as the discharging battery pack decreases to a first threshold or less, switch the discharging battery pack to one of the other one or more of the battery packs that has a highest remaining power level”. The claim language as written indicates that the first battery pack will discharge until the remaining power level reaches the battery pack with the next highest remaining power level, resulting in two battery packs with the same remaining power level. If the battery packs have the same remaining power level, and it is the highest remaining power level, then they would necessarily discharge simultaneously.
Zeiler ¶0056 discloses "FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%". However Zeiler ¶0054 discloses “control unit 24 to selectively discharge the three battery packs 12a, 12b and 12c to drive the electric motor 20”, which indicates that control unit 24 is able to select just one battery pack to discharge at a time. This would result in the two battery packs having the same state of charge, and thereby both having the highest remaining power level, and both battery packs would meet the discharging requirement and discharge simultaneously.
Applicant's arguments filed 06/22/2026 have been fully considered.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7-8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeiler et al (US 20190160972 A1).
Regarding claim 1, Zeiler teaches an electric working machine (¶0030 "FIG. 1 illustrates a scalable power unit 10 mounted on the back end of a lawn tractor 13")
comprising: battery packs; (¶0032 "scalable power unit 10 with more battery packs 12 as needed for one task (e.g., for a longer run time) and fewer battery packs 12 as needed for a second task (e.g., for a shorter run time)”)
a working device to be driven by electric power discharged from the battery packs; (¶0031 "lawn tractor 13 is shown in FIG. 1, the scalable power unit 10 could be used to power a wide variety of riding vehicles and end products", ¶0031 lists a variety of working devices which could be used in place of lawn tractor 13)
one or more battery monitors to monitor states of the battery packs including remaining power levels of the battery packs; (¶0052 " control unit 24 is also configured to monitor the state of charge on each of the battery packs 12")
and a controller to control charging and discharging of the battery packs, (¶0051 "control unit 24 to control the switches 26 during both charging and discharging of the battery packs 12")
wherein the controller is configured or programmed to: in a discharging mode for driving the working device, (¶0049 "FIG. 5, the first switch 26a is connected to the electrical contacts contained within the battery slot 18a to provide a connection between the battery pack 12a and ground control unit 24 can open and close the switches 26 at rapid rates to selectively control the rate of charge from the charging circuit 22 or discharge to the motor 20")
select one of the battery packs that has a highest remaining power level as a discharging battery pack to be discharged to supply electric power to the working device, based on a result of monitoring the battery packs by the one or more battery monitors, and discharge the discharging battery pack; (¶0056 "FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%", FIG 6 shows battery pack 12a to have the highest remaining power level of 80%)
in the discharging mode, when the remaining power level of the one of the battery packs used as the discharging battery pack decreases to a first threshold or less, switch the discharging battery pack to one of the other one or more of the battery packs that has a highest remaining power level, (¶0055 “FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%. Once in this state, all three battery packs would be discharged together”)
the first threshold being equal to or greater than an amount of electric power required to change the electric working machine to a safe posture or an amount of electric power required to move the electric working machine to a place where charging is ready, (¶0055 “FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%”, please see below for further detail)
and the other one or more of the battery packs being other than the one of the battery packs used as the discharging battery pack; (¶0055 “FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%. Once in this state, all three battery packs would be discharged together”)
and in a charging mode for charging the battery packs, select one of the battery packs as a charging battery pack to be charged, based on the result of monitoring the battery packs by the one or more battery monitors. (¶0057 "FIG. 7 is a schematic diagram illustrating a configuration in which the three battery packs 12a, 12b and 12c are connected to the charging circuit 22... the control unit 24 would initially close switch 26c until the battery pack 12c is charged to 70%. Once the battery pack 12c reaches 70% charge, switches 26b and 26c are both closed until the battery packs 12b and 12c reach 80% charge. Once at 80% charge, all three of the switches would be closed and all three battery packs charged until they reach 100% of their rated capacity")
Zeiler teaches battery packs 12 which are part of scalable power unit 10, FIG 1 depicts scalable power unit 10 as powering a lawn tractor 13. As outlined by ¶0055 and ¶0056 the first threshold would be 70%, and second threshold of 68%, either remaining power level would be enough for the lawn tractor 13 to reach a safe posture for charging.
Regarding claim 3, Zeiler teaches the electric working machine according to claim 1. Zeiler further teaches wherein the controller is configured or programmed to, in the discharging mode, stop discharging the one of the battery packs used as the discharging battery and switch the discharging battery pack to the one of other one or more of the battery packs that has the highest remaining power level when the remaining power level of the one of the battery packs used as the discharging battery pack decreases to the first threshold or less, (¶0055 “FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%. Once in this state, all three battery packs would be discharged together”)
the other one or more of the battery packs being other than the one of the battery packs used as the discharging battery pack. (¶0056 "FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%", Zeiler FIG 6 shows battery pack 12a to have the highest remaining power level of 80%)
Regarding claim 4, Zeiler teaches the electric working machine according to claim 1. Zeiler further teaches the controller is configured or programmed to, in the charging mode, select one of the battery packs that has a lowest remaining power level as the charging battery pack, and charge the charging battery pack with electric power. (¶0057 "FIG. 7 is a schematic diagram illustrating a configuration in which the three battery packs 12a, 12b and 12c are connected to the charging circuit 22.. control unit 24 would initially close switch 26c until the battery pack 12c is charged to 70%. Once the battery pack 12c reaches 70% charge, switches 26b and 26c are both closed until the battery packs 12b and 12c reach 80% charge. Once at 80% charge, all three of the switches would be closed and all three battery packs charged until they reach 100% of their rated capacity", FIG 7 depicts battery pack 12c as having the lowest remaining power level)
Regarding claim 5, Zeiler teaches the electric working machine according to claim 4. Zeiler further teaches wherein the controller is configured or programmed to, in the charging mode, switch the charging battery pack to one of other one or more of the battery packs that has a lowest remaining power level when the remaining power level of the charging battery pack being charged becomes greater than or equal to a second threshold, the other one or more of the battery packs being other than the charging battery pack. (¶0057 "FIG. 7 is a schematic diagram illustrating a configuration in which the three battery packs 12a, 12b and 12c are connected to the charging circuit 22 control unit 24 would initially close switch 26c until the battery pack 12c is charged to 70%. Once the battery pack 12c reaches 70% charge, switches 26b and 26c are both closed until the battery packs 12b and 12c reach 80% charge. Once at 80% charge, all three of the switches would be closed and all three battery packs charged until they reach 100% of their rated capacity", FIG 7 depicts battery pack 12c as having the lowest remaining power level)
Regarding claim 7, Zeiler teaches the electric working machine according to claim 1. Zeiler further comprising a charging port to be connected to an external power supply, (¶0082 "FIG. 12, a vehicle 300 including the scalable power unit 10 primary vehicle battery 315 can be charged by a generator driven by an internal combustion engine of a hybrid drive system, by regenerative braking, by connecting the vehicle battery 315 to the electrical grid, or other known methods for charging the vehicle battery of a hybrid or electric vehicle", wherein vehicle 300 is lawn tractor 13)
wherein the controller is configured or programmed to determine that the electric working machine is in the charging mode when the external power supply is connected to the charging port, (¶0047 "FIG. 5, a control unit 24, which could be one of many different types of microprocessors or microcontrollers, is used to control the state of three individual switching elements 26a-26c", control unit 24 switches the battery packs 12a-12c between charging and discharging mode and thereby can determine that the electric working machine is in charging mode)
and determine that the electric working machine is in the discharging mode when the external power supply is not connected to the charging port. (¶0047 "FIG. 5, a control unit 24, which could be one of many different types of microprocessors or microcontrollers, is used to control the state of three individual switching elements 26a-26c", control unit 24 switches the battery packs 12a-12c between charging and discharging mode and thereby can determine that the electric working machine is in discharging mode)
Regarding claim 8, Zeiler teaches the electric working machine according to claim 1. Zeiler further comprising a mode changeover switch to input an instruction to switch between the discharging mode and the charging mode. (¶0055 "FIG. 6, the control unit 24 can control the opening and closing of the three MOSFET switches 26a-26c in order to control the discharge rates of each of the three individual battery packs 12a-12c", ¶0057 "[FIG 7] he control unit 24 would initially close switch 26c until the battery pack 12c is charged to 70%. Once the battery pack 12c reaches 70% charge, switches 26b and 26c are both closed until the battery packs 12b and 12c reach 80% charge"; control unit 24 controls switches 26a-26c to connect and disconnect battery packs 12a-12c for charging and discharging)
Regarding claim 10, Zeiler teaches the electric working machine according to claim 1. Zeiler wherein the controller is configured or programmed to, in the discharging mode,: electrically connect the discharging battery pack to the working device such as to discharge the discharging battery pack to supply electric power to the working device, (¶0054 “FIG. 6, thereshown is a schematic diagram illustrating the operation of the control unit 24 to selectively discharge the three battery packs 12a, 12b and 12c to drive the electric motor 20”)
and electrically disconnect the other one or more of the battery packs other than the discharging battery pack from the working device such as to prevent the other one or more of the battery packs from being discharged to supply electric power to the working device; (¶0050 “control unit 24 can also control the position of the switches 30, 32 to ensure that both of the switches 30, 32 are not in the closed position at the same time to prevent the charging circuit 22 from directly operating the electric motor 20”)
and when the remaining power level of the discharging battery pack decreases to the first threshold or less and the discharging battery pack is switched from the battery pack previously used as the discharging battery pack to another battery pack newly used as the discharging battery pack that has the highest remaining power level, electrically disconnect the other one or more of the battery packs including the battery pack previously used as the discharging battery pack from the working device, and electrically connect the battery pack newly used as the discharging battery pack to the working device. (¶0056 "FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%", ¶0054 “FIG. 6, thereshown is a schematic diagram illustrating the operation of the control unit 24 to selectively discharge the three battery packs 12a, 12b and 12c to drive the electric motor 20”)
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeiler modified by Tajima et al (US 20230132746 A1), Tajima has a priority date of 11 December 2017.
Regarding claim 6, Zeiler teaches the electric working machine according to claim 1. Zeiler does not teach wherein the one or more battery monitors are operable to monitor the battery packs for abnormality, and the controller is configured or programmed to select, as the discharging battery pack or the charging battery pack, one of one or more of the battery packs that have no abnormality.
Tajima teaches wherein the one or more battery monitors are operable to monitor the battery packs for abnormality, (¶0054 "an anomaly-monitoring unit 300 driven by electric power from the second battery 311 selects and uses each of a plurality of secondary batteries constituting the first battery 301 individually")
and the controller is configured or programmed to select, (¶0068 anomaly-monitoring unit 300 monitors each secondary battery 301a, 301b, and 301c, or controls the switches")
as the discharging battery pack or the charging battery pack, one of one or more of the battery packs that have no abnormality. (FIG 2A shows all battery packs 301a-301c to be connected when all determined as normal, FIG 2B disconnects battery pack 301b which is determined as anomalous)
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the electric working machine as taught by Zeiler wherein the controller removes battery packs with anomalies as taught by Tajima. Zeiler and Tajima both teach balancing the remaining power levels of multiple battery packs in user-operated electric vehicles. The modification would be obvious because one of ordinary skill in the art would be motivated to improve the state of health of the remaining batteries and minimize potential overheating.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeiler modified by Yunoue et al (US 20130318956 A1)
Regarding claim 9, Zeiler teaches the electric working machine according to claim 1. Zeiler further teaches [further comprising a starter switch to start the electric working machine], wherein the controller is configured or programmed to select the discharging battery pack or the charging battery pack based on the result of monitoring the states of the battery packs acquired from the one or more battery monitors, (¶0049 "control unit 24 can open and close the switches 26 at rapid rates to selectively control the rate of charge from the charging circuit 22 or discharge to the motor 20", ¶0056 "FIG. 6, battery 12a would first be discharged to 70%. Once battery 12a reaches 70%, battery packs 12a and 12b would be discharged together until the state of charge on each of these two battery packs reaches 68%", FIG 6 shows battery pack 12a to have the highest remaining power level of 80%)
[in response to a predetermined operation on the starter switch to give an instruction to start the electric working machine.]
Zeiler does not teach further comprising a starter switch to start the electric working machine, in response to a predetermined operation on the starter switch to give an instruction to start the electric working machine.
Yunoue teaches further comprising a starter switch to start the electric working machine, (¶0049 "the key switch 25 is found to be placed in the START position depending on whether a signal is output from the key switch 25")
in response to a predetermined operation on the starter switch to give an instruction to start the electric working machine. (¶0049 "the arithmetic control section 53 of the inverter device 32 initiates the motor drive control. In other words, the arithmetic control section 53 exercises control to open the control change switch 52A and close the control change switch 52B, and outputs an instruction to the step-up/step-down transformer 50 to increase the voltage")
Therefor it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify the electric working machine as taught by Zeiler to further comprise a starter switch to start the electric working machine as taught by Yunoue. Zeiler and Yunoue both disclose methods of powering user-operated work equipment, such as a backhoe. The modification would be obvious because one of ordinary skill in the art would be motivated to improve user experience of initiating the electric working machine for use.
Claim Objections
Claim 1 is objected to because of the following informalities: typographical error. Claim 1 states in part “A An electric working machine”, which begins with two pronouns. Claim 1 should begin with “An electric working machine”.
Claim 1 is further objected to for having the limitation “and discharge the discharging battery pack; in the discharging mode, when the remaining power level of the one of the battery packs used as the discharging battery pack decreases to a first threshold or less, switch the discharging battery pack to one of the other one or more of the battery packs”, wherein the underlined portion refers to a first battery pack and the italicized portion refers to a second battery pack. Examiner suggest replacing “the discharging battery pack” with “a first battery pack”, and replacing “one of the other one or more of the battery packs” with “a second battery pack”.
Claim 1 is further objected to for reciting the limitation of “comprising: battery packs;”, which should read “comprising: a plurality of battery packs”. Similarly as applied to the term “battery packs” throughout claim 1.
Claim 10 is objected to because of the following informalities: typographical error. Claim 10 states in part “discharging mode,: electrically”, which has two separate punctuation marks next to each other. Appropriate correction is required.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Particularly the title “Electric Working Machine” does not incorporate the claimed material regarding the state of charge, charging mode, or discharging mode.
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.
Haridas et. al (WO 2023144835 A1) discloses a system for balancing charge across a plurality of battery packs in an electric vehicle which selects the highest state of charge battery pack to discharge to a threshold state of charge.
Kuhlmann et al (US 20160190830 A1) discloses a battery management system which discharges the highest voltage battery cell down to a voltage threshold, discharging the charge to an electrical load.
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.
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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.
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/LISA KOTOWSKI/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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