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 .
Response to Amendment
The amendment filed June 27th, 2025, has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the Claims have overcome the 112(b) rejection previously set forth in the Non-Final Office Action mailed April 14th, 2014.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being obvious over Tanaka (JP2013055019A) in view of Zhou (US20220173451A1).
Regarding claim 1, Tanaka teaches a method of controlling a temperature of a battery, the method comprising:
determining whether a current lowest temperature of the battery is equal to or less than a predetermined first reference temperature ([44-45], determines the minimum battery temperature) and whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging;
turning on a warming heater in response to a determination that the current lowest temperature of the battery is equal to or less than the first reference temperature ([44-45], turning on warming heater when the minimum battery temperature is less than TH, i.e. the third reference threshold; See Fig. 3(a) included below where the value T4, i.e. the first reference threshold, is less than TH, meaning the heater will be turned on) and that the outside temperature is less than the current lowest temperature of the battery;
turning off the warming heater in response to a current highest temperature of the battery being equal to or higher than a predetermined second reference temperature higher than the first reference temperature (See Fig. 3(a) included where the value T3, i.e. the second reference temperature, corresponds to a higher value on the linear line than T4 does) and the current lowest temperature of the battery being higher than the first reference temperature and exceeding a predetermined third reference temperature higher than the first reference temperature and lower than the second reference temperature (See Fig. 3(a), where the value TH, i.e. the third reference temperature, is higher than T4 but lower than T3; [43], [51-52], and [59-60], the heater is turned off for temperature control operations that are not the heating operation; [44-45], the heater is only turned in during the heating control operation, which can never occur if the minimum temperature exceeds the value TH);
and turning off the warming heater in response to the current highest temperature of the battery exceeding a predetermined fourth reference temperature higher than the second reference temperature despite the current lowest temperature of the battery being less than or equal to the third reference temperature (See Fig. 3(a), where the value T2, i.e. the fourth reference temperature, is greater than T3, i.e. the second reference temperature; [44-45], heating control in which the heater is on is not performed when the maximum temperature is greater than T2).
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Fig. 3(a)of Tanaka
Tanaka does not teach determining whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging, and turning on a warming heater in response to the determination that the outside temperature is less than the current lowest temperature of the battery.
In the same field of endeavor, Zhou teaches determining whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging ([0065]), and turning on a warming heater in response to the determination that the outside temperature is less than the current lowest temperature of the battery ([0089-0090]).
A skilled artisan would have been able to modify Tanaka with this teaching to determine the outside temperature and turn on the heater only if a temperature of a battery is greater than the outside temperature. Given that Tanaka checks the minimum and maximum temperature of a battery against thresholds, it would have been obvious to the skilled to have the battery temperature that is checked against the outside temperature to be the minimum battery temperature of Tanaka.
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka to check the minimum temperature against an outside temperature prior to turning on a warming heater based on a reasonable expectation of success and motivation to ensure that the battery heater is not turned on in a state where the battery temperature is already rising due to higher outside battery temperatures. This avoids the scenario where the heater is turned on when the minimum temperature of the battery will already rise to an appropriate level due to the higher outside temperature, thus avoiding overheating.
Regarding claim 2, the prior art remains as applied in claim 1. Tanaka teaches wherein, in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery being higher than or equal to the second reference temperature and less than or equal to the fourth reference temperature, the method further comprises turning on the warming heater ([44-45] and Fig. 3(a), the heating control is turned on and the heater is activated when the minimum temperature is less than TH and the maximum temperature is between T3 and T2).
Regarding claim 3, the prior art remains as applied in claim 1. Tanaka teaches wherein, in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery being higher than or equal to the second reference temperature and less than or equal to the fourth reference temperature, the method further comprises maintaining a turn-on state ([44-45] and Fig. 3(a), the heating control is turned on and the heater remains activated when the minimum temperature is less than TH and the maximum temperature is between T3 and T2).
Regarding claim 4, the prior art remains as applied in claim 1. Tanaka teaches that the method is further comprising turning off the warming heater in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery exceeding a predetermined fifth reference temperature that is lower than the second reference temperature and higher than the third reference temperature (See Fig. 3(a), where the value T1, i.e. the fifth reference temperature, correlates with a value larger than TH and lower than T3; [44-45], the heater is only on when heating control is on, meaning that if the minimum temperature is greater than T1, it will never be less than TH as required for the heating control to be active and the heater to be turned on).
Regarding claim 5, the prior art remains as applied in claim 4. Tanaka teaches wherein, in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery being less than or equal to the fifth reference temperature, the method further comprises turning on the warming heater ([44-45], the heater is turned on when the maximum temperature is less than T3 and the minimum temperature is less than TH, which is a value that is less than T1 as previously illustrated in Fig. 3(a)).
Regarding claim 6, the prior art remains as applied in claim 4. Tanaka teaches wherein, in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery being less than or equal to the fifth reference temperature, the method further comprises maintaining a turn-on state ([44-45], the heater is turned on and remains on when the maximum temperature is less than T3 and the minimum temperature is less than TH, which is a value that is less than T1 as previously illustrated in Fig. 3(a)).
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Tanaka in view of Zhou as applied to claim 1 above, and further in view of Kuruma et al. (US20160190661).
Regarding claim 7, the prior art remains as applied in claim 1, but does not teach the limitations of this claim.
In the same field of endeavor, Kuruma teaches a method that is further comprising turning on the warming heater in response to the current lowest temperature of the battery being lowered to exceed a predetermined reference temperature difference compared to a temperature of the battery at a time when in a the warming heater is turned off ([0043] and Fig. 4, when a temperature reaches an off temperature, the heater is turned off, and is turned on again when the heater decreases by a hysteresis value, i.e. decreases by an amount so that the temperature falls to below an ON temperature Ton. The difference between the temperature of the battery when the heater is on, i.e. Toff, and the current battery temperature is checked to see if it is at the hysteresis value).
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka by turning on the heater when the minimum temperature decreases to exceed a reference temperature difference based on a reasonable expectation of success and motivation to ensure that the battery is not damaged when the battery is located in environments so that the minimum temperature of the battery immediately drops a certain degree once the heater is turned off. This allows the heater to turn on regardless of other temperature determinations, which allows the battery to be heated more quickly when it would otherwise have to wait for the maximum temperature to also fall below an acceptable reference temperature.
Claims 8-15 are rejected under 35 U.S.C. 103 as being obvious over Tanaka (JP2013055019A) in view of Zhou (US20220173451A1) and Kuruma et al. (US20160190661).
Regarding claim 8, Tanaka teaches a method of controlling a temperature of a battery, the method comprising:
turning on a warming heater provided configured to increase the temperature of the battery in response to a current lowest temperature of the battery being equal to or less than a predetermined first reference temperature ([44-45], turning on warming heater when the minimum battery temperature is less than TH, i.e. the third reference threshold; See Fig. 3(a) where the value T4, i.e. the first reference threshold, is less than TH, meaning the heater will be turned on) and an outside temperature being less than the current lowest temperature of the battery during charging of the battery; …
Tanaka does not teach turning on a warming heater in response to the outside temperature being is less than the current lowest temperature of the battery.
In the same field of endeavor, Zhou teaches turning on a warming heater in response the outside temperature being is less than the current lowest temperature of the battery ([0089-0090]).
A skilled artisan would have been able to modify Tanaka with this teaching to determine the outside temperature and turn on the heater only if a temperature of a battery is greater than the outside temperature. Given that Tanaka checks the minimum and maximum temperature of a battery against thresholds, it would have been obvious to the skilled to have the battery temperature that is checked against the outside temperature to be the minimum battery temperature of Tanaka.
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka to check the minimum temperature against an outside temperature prior to turning on a warming heater based on a reasonable expectation of success and motivation to ensure that the battery heater is not turned on in a state where the battery temperature is already rising due to higher outside battery temperatures. This avoids the scenario where the heater is turned on when the minimum temperature of the battery will already rise to an appropriate level due to the higher outside temperature, thus avoiding overheating.
Modified Tanaka further does not teach turning on the warming heater again in response to the current lowest temperature of the battery being lowered to exceed a predetermined reference temperature difference compared to a state in which the warming heater is turned off according to a temperature change of the battery.
In the same field of endeavor, Kuruma teaches a method that is further comprising turning on the again warming heater in response to the current lowest temperature of the battery being lowered to exceed a predetermined reference temperature difference compared to a state in which the warming heater is turned off according to a temperature change of the battery ([0043] and Fig. 4, when a temperature reaches an off temperature, the heater is turned off, and is turned on again when the heater decreases by a hysteresis value, i.e. decreases by an amount so that the temperature falls to below an ON temperature Ton. The difference between the temperature of the battery when the heater is on, i.e. Toff, and the current battery temperature is checked to see if it is at the hysteresis value).
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka by turning on the heater when the minimum temperature decreases to exceed a reference temperature difference based on a reasonable expectation of success and motivation to ensure that the battery is not damaged when the battery is located in environments so that the minimum temperature of the battery immediately drops a certain degree once the heater is turned off. This allows the heater to turn on regardless of other temperature determinations, which allows the battery to be heated more quickly when it would otherwise have to wait for the maximum temperature to also fall below an acceptable reference temperature.
Regarding claim 9, the prior art remains as applied in claim 8. Tanaka teaches that the method is further comprising turning off the warming heater in response to a current highest temperature of the battery being equal to or higher than a predetermined second reference temperature higher than the first reference temperature (See Fig. 3(a) where the value T3, i.e. the second reference temperature, corresponds to a higher value on the linear line than T4 does) and the current lowest temperature of the battery being higher than the first reference temperature and exceeding a predetermined third reference temperature higher than the first reference temperature and lower than the second reference temperature (See Fig. 3(a) included above where the value TH, i.e. the first reference temperature, is higher than T4 but lower than T3; [43], [51-52], and [59-60], the heater is turned off for temperature control operations that are not the heating operation; [44-45], the heater is only turned in during the heating control operation, which can never occur if the minimum temperature is greater than TH);
Regarding claim 10, the prior art remains as applied in claim 9. Tanaka teaches that the method is further comprising turning off the warming heater in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery exceeding a predetermined fourth reference temperature that is higher than the second reference temperature (See Fig. 3(a), where the value T2, i.e. the fourth reference temperature, is greater than T3, i.e. the second reference temperature; [44-45], heating control in which the heater is on is not performed when the maximum temperature is greater than T2).
Regarding claim 11, the prior art remains as applied in claim 10. Tanaka teaches wherein, in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery being higher than or equal to the second reference temperature and less than or equal to the fourth reference temperature, the method further comprises turning on the warming heater ([44-45] and Fig. 3(a), the heating control is turned on and the heater is activated when the minimum temperature is less than TH and the maximum temperature is between T3 and T2).
Regarding claim 12, the prior art remains as applied in claim 10. Tanaka teaches wherein, in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery being higher than or equal to the second reference temperature and less than or equal to the fourth reference temperature, the method further comprises maintaining a turn-on state ([44-45] and Fig. 3(a), the heating control is turned on and the heater remains activated when the minimum temperature is less than TH and the maximum temperature is between T3 and T2).
Regarding claim 13, the prior art remains as applied in claim 10. Tanaka teaches that the method is further comprising turning off the warming heater in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery exceeding a predetermined fifth reference temperature that is lower than the second reference temperature and higher than the third reference temperature (See Fig. 3(a), where the value T1, i.e. the fifth reference temperature, correlates with a value larger than TH and lower than T3; [44-45], the heater is only on when heating control is on, meaning that if the minimum temperature is greater than T1, it will never be less than TH as required for the heating control to be active and the heater to be turned on).
Regarding claim 14, the prior art remains as applied in claim 13. Tanaka teaches wherein, in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery being less than or equal to the fifth reference temperature, the method further comprises turning on the warming heater ([44-45], the heater is turned on when the maximum temperature is less than T3 and the minimum temperature is less than TH, with TH being less than T1 as previously illustrated in Fig. 3(a)).
Regarding claim 15, the prior art remains as applied in claim 13. Tanaka teaches wherein, in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery being less than or equal to the fifth reference temperature, the method further comprises maintaining a turn-on state ([44-45], the heater is turned on and remains on when the maximum temperature is less than T3 and the minimum temperature is less than TH, which is less than T1 as previously illustrated in Fig. 3(a)).
Claims 16-19 are rejected under 35 U.S.C. 103 as being obvious over Tanaka (JP2013055019A) in view of Zhou (US20220173451A1) and Ogaki et al. (US20200215931A1).
Regarding claim 16, Tanaka teaches a system for controlling a temperature of a battery, the system comprising: …
a controller ([20]) configured to:
determine whether a current lowest temperature of the battery is equal to or less than a predetermined first reference temperature ([44-45], determines the minimum battery temperature) and whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging;
turn on a warming heater in response to a determination that the current lowest temperature of the battery is equal to or less than the first reference temperature ([44-45], turning on warming heater when the minimum battery temperature is less than TH, i.e. the third reference threshold; See Fig. 3(a) included below where the value T4, i.e. the first reference threshold, is less than TH, meaning the heater will be turned on) and that the outside temperature is less than the current lowest temperature of the battery;
turn off the warming heater in response to a current highest temperature of the battery being equal to or higher than a predetermined second reference temperature higher than the first reference temperature (See Fig. 3(a) where the value T3, i.e. the second reference temperature, corresponds to a higher value on the linear line than T4 does) and the current lowest temperature of the battery being higher than the first reference temperature and exceeding a predetermined third reference temperature higher than the first reference temperature and lower than the second reference temperature (See Fig. 3(a) where the value TH, i.e. the first reference temperature, is higher than T4 but lower than T3; [43], [51-52], and [59-60], the heater is turned off for temperature control operations that are not the heating operation; [44-45], the heater is only turned in during the heating control operation, which can never occur if the minimum temperature is greater than TH);
and turn off the warming heater in response to the current highest temperature of the battery exceeding a predetermined fourth reference temperature higher than the second reference temperature despite the current lowest temperature of the battery being less than or equal to the third reference temperature (See Fig. 3(a), where the value T2, i.e. the fourth reference temperature, is greater than T3, i.e. the second reference temperature; [44-45], heating control in which the heater is on is not performed when the maximum temperature is greater than T2).
Tanaka does not teach determining whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging, and turning on a warming heater in response to the determination that the outside temperature is less than the current lowest temperature of the battery.
In the same field of endeavor, Zhou teaches determining whether an outside temperature is less than the current lowest temperature of the battery at a start of battery charging ([0065]), and turning on a warming heater in response to the determination that the outside temperature is less than the current lowest temperature of the battery ([0089-0090]).
A skilled artisan would have been able to modify Tanaka with this teaching to determine the outside temperature and turn on the heater only if a temperature of a battery is greater than the outside temperature. Given that Tanaka checks the minimum and maximum temperature of a battery against thresholds, it would have been obvious to the skilled to have the battery temperature that is checked against the outside temperature to be the minimum battery temperature of Tanaka.
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka to check the minimum temperature against an outside temperature prior to turning on a warming heater based on a reasonable expectation of success and motivation to ensure that the battery heater is not turned on in a state where the battery temperature is already rising due to higher outside battery temperatures. This avoids the scenario where the heater is turned on when the minimum temperature of the battery will already rise to an appropriate level due to the higher outside temperature, thus avoiding overheating.
Tanaka teaches that the temperature control system for the battery includes components for using air as a heating medium for heating and cooling the batteries [20-25]. Tanaka does not teach that the system comprises the battery configured to exchange heat with cooling water; a warming heater configured to warm the cooling water to heat the battery; and a radiator configured to cool the cooling water to cool the battery.
In the same field of endeavor, Ogaki teaches a system for temperature control of a battery comprising:
the battery configured to exchange heat with cooling water ([0019] and [0025], battery is heated with heating medium such as water);
a warming heater configured to warm the cooling water to heat the battery ([0024]);
and a radiator configured to cool the cooling water to cool the battery ([0021]);
A skilled artisan would have been able to swap the physical components of Tanaka with the components of Ogaki so that control of the battery temperature of Tanaka is performed by a heater and radiator. This allows the system of air temperature control Tanaka to be replaced with a fluid temperature control system. It is well known that fluid functions significantly better than air as a heating medium, and one of ordinary skill in the art would have been motivated to incorporate a system that uses fluid as a heating medium for the well-known improvements to the temperature control performance.
It would have been obvious to one of ordinary skill in the art at the effective date of filing to substitute the physical components of the air-control system of Tanaka with the physical components of the fluid-control system of Ogaki based on a reasonable expectation of success and motivation to take advantage of the well-known benefits of a temperature control system that uses fluid as a heating medium as opposed to air. This would greatly enhance the ability of the system to heat or cool the battery as needed.
Regarding claim 17, the prior art remains as applied in claim 16. Tanaka teaches wherein, in response to the current lowest temperature of the battery being less than or equal to the third reference temperature and the current highest temperature of the battery being higher than or equal to the second reference temperature and less than or equal to the fourth reference temperature, the controller is configured to turn on the warming heater or maintain a turn-on state ([44-45] and Fig. 3(a), the heating control is turned on, wherein the heater is activated and remains activated, when the minimum temperature is less than TH and the maximum temperature is between T3 and T2).
Regarding claim 18, the prior art remains as applied in claim 16. Tanaka further teaches wherein the controller is configured to turn off the warming heater in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery exceeding a predetermined fifth reference temperature that is lower than the second reference temperature and higher than the third reference temperature (See Fig. 3(a), where the value T1, i.e. the fifth reference temperature, correlates with a value larger than TH and lower than T3; [44-45], the heater is only on when heating control is on, meaning that if the minimum temperature is greater than T1, it will never be less than TH as required for the heating control to be active and the heater to be turned on).
Regarding claim 19, the prior art remains as applied in claim 18. Tanaka further teaches wherein, in response to the current highest temperature of the battery being less than the second reference temperature and the current lowest temperature of the battery being less than or equal to the fifth reference temperature, the controller is configured to turn on the warming heater or maintain a turn-on state ([44-45], the heater is turned on and remains on when the maximum temperature is less than T3 and the minimum temperature is less than TH, which is less than T1 as previously illustrated in Fig. 3(a)).
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Tanaka in view of Zhou and Ogaki as applied to claim 19 above, and further in view of Kuruma et al. (US20160190661).
Regarding claim 20, the prior art remains as applied in claim 19. Tanaka does not teach the limitations of this claim.
In the same field of endeavor, Kuruma teaches a method that is further comprising turning on the warming heater in response to the current lowest temperature of the battery being lowered to exceed a predetermined reference temperature difference compared to a temperature of the battery at a time when in a the warming heater is turned off ([0043] and Fig. 4, when a temperature reaches an off temperature, the heater is turned off, and is turned on again when the heater decreases by a hysteresis value, i.e. decreases by an amount so that the temperature falls to below an ON temperature Ton. The difference between the temperature of the battery when the heater is on, i.e. Toff, and the current battery temperature is checked to see if it is at the hysteresis value).
It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Tanaka by turning on the heater when the minimum temperature decreases to exceed a reference temperature difference based on a reasonable expectation of success and motivation to ensure that the battery is not damaged when the battery is located in environments so that the minimum temperature of the battery immediately drops a certain degree once the heater is turned off. This allows the heater to turn on regardless of other temperature determinations, which allows the battery to be heated more quickly when it would otherwise have to wait for the maximum temperature to also fall below an acceptable reference temperature.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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JACK ROBERT. BREWER
Examiner
Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663