DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Examiner’s Note
Examiner has cited particular paragraphs/columns and line numbers or figures in the references as applied to the claims below for convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations with the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to the Applicant’s definition which is not specifically set forth in the claims.
Status of Application
The list of claims 1-8 is pending in this application. In the claim set filed 09/05/2025:
Claim(s) 1, 3 and 5 is/are the independent claim(s) observed in the application.
Claim(s) 1-5 has/have been amended.
Claim(s) 6-8 has/have been newly added.
Response to Arguments
With respect to Applicant’s remarks filed on 09/05/2025; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the Title Objection, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the Title Objection has/have been withdrawn.
With respect to the objection(s) of claim(s) 1, 3 and 5, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the objection(s) of claim(s) 1, 3 and 5 has/have been withdrawn.
With respect to the rejection(s) of claim(s) 1-5 under 35 U.S.C. § 101, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the rejection(s) of claim(s) 1-5 under 35 U.S.C. § 101 has/have been withdrawn.
With respect to the rejection(s) of claim(s) 1-5 under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 103, Applicant’s “Amendments and Remarks” have been fully considered and are persuasive. Therefore, the rejection(s) of claim(s) 1-5 under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 103 has/have been withdrawn.
Office Note: Due to applicant’s amendments, further claim rejections appear on the record as stated in the Final Office Action below.
Final Office Action
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (United States Patent Publication 2016/0332616 A1) in view of Stankoulov et al. (United States Patent Publication 2014/0278038 A1), referenced as Zhao and Stankoulov, respectively, moving forward.
With respect to claim 1, while Zhao discloses:
“A vehicle comprising: an inverter; a control device configured to control the vehicle configured to perform an electric traveling using one or more electric motors driven by electric power from a battery, the control device comprising a processor configured to execute a calculation process of calculating an energy consumed by the electric traveling in a section from a first point to a second point of a planned travel route of the vehicle” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a vehicle system controller, 48 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "control device"); that controls propulsion of a vehicle through an electric machine operating as a motor, 14 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "one or more electric motors"); which are powered by a traction battery, 24 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "battery"). Paragraph 0063 further discloses a processing device; Fig. 1; ¶: 0018, 0019, 0063];
“wherein in the calculation process, the processor is configured to: estimate whether or not a travel load of the section is high, based on road type of the section” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a method for computing a target state of charge (SoCd) using equation (2), for example. The calculation for this value is based on a value, PBattDes, which refers to the target battery power at the end of the segment and is represented as a coefficient in equation (2)(patentably indistinct from the Applicant's broadly recited "correction efficient"). Zhao further discloses that the value for the coefficient, PBattDes, is based on classification of the road section, in which each section is categorized into accelerations and road grades (patentably indistinct from the Applicant's broadly recited "road type of the section"); Fig. 4 & 5; ¶: 0040-0050, 0055];
“correct a basic value of the energy consumed, based on a correction coefficient that differs depending on whether or not the travel load of the section is high” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses that the classification of the road section to determine the appropriate value for the coefficient, PBattDes, is based on a combination of the relationship between the average road grade of the segment to a plurality of thresholds to classify the grade of the segment as uphill, downhill or flat and the expected acceleration profile of the vehicle for the segment. The Examiner has interpreted classification of the road in the uphill class that is accelerating, Class 1 in TABLE 1, as patentably indistinct from the Applicant's broadly recited "travel load of the section is high;" Fig. 4 & 5; ¶: 0040-0050, 0055];
“transmit a command to the inverter, the inverter being configured to drive the one or more electric motors of the vehicle using the electric power in accordance with the command” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses a "power electronics module" (denoted as 26 in Fig. 1), which has been interpreted as patentably indistinct from the Applicant's broadly recited "inverter," as the power electronics module is configured to perform the function of an inverter that is known in the art, which is "a device for converting direct current into alternating current" (https://www.merriam-webster.com/dictionary/inverter ). Similarly, Zhao discloses: "The power electronics module 26 is also electrically coupled to the electric machines 14 and provides the ability to bi-directionally transfer energy between the traction battery 24 and the electric machines 14. For example, a traction battery 24 may provide a DC voltage while the electric machines 14 may operate with a three-phase AC current to function. The power electronics module 26 may convert the DC voltage to a three-phase AC current to operate the electric machines 14. In a regenerative mode, the power electronics module 26 may convert the three-phase AC current from the electric machines 14 acting as generators to the DC voltage compatible with the traction battery 24;" Fig. 1; ¶: 0019; See also: ¶: 0018, 0063];
And “determine whether the one or more electric motors is in a powering mode or a regenerative mode” [Zhao; "The electric machines 14 can provide propulsion and deceleration capability when the engine 18 is turned on or off. The electric machines 14 also act as generators and can provide fuel economy benefits by recovering energy that would normally be lost as heat in a friction braking system. The electric machines 14 may also reduce vehicle emissions by allowing the engine 18 to operate at more efficient speeds and allowing the hybrid-electric vehicle 12 to be operated in electric mode with the engine 18 off under certain conditions;" ¶: 0018;
"As an example, consider that the first segment is uphill at a relatively constant speed (e.g., Class 2). Also, consider the second segment being a flat road with vehicle deceleration (e.g., Class 6). In this scenario, it appears that in the second segment that the vehicle decelerates so that the battery may be charged via regenerative braking;" ¶: 0052];
Zhao does not specifically state: “and determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode.”
Stankoulov, which is in the same field of invention of systems/methods for predicting energy consumption of vehicles, teaches: “and determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating a "node cost" to add to a "link cost" to calculate a total energy cost for a section of road (Equation (1); ¶: 0106). Stankoulov further discloses that the node cost is calculated by subtracting an energy generated through regenerative braking (Equation (13); ¶: 0117) from an energy required to accelerate from a stop (Equation (12); ¶: 0117). Both of these values based on Equations(12) and (13) are positive values; therefore, for a particular node, if it calculated that the energy required to accelerate from a stop is a larger value than the energy generated through regenerative braking, Equations (11) and (14) would yield a positive value for the energy at the node; ¶: 0106, 0107, 0117-0120].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 2, while Zhao discloses: “wherein in the calculation process, the processor is configured to estimate whether or not the travel load of the section is high” [Zhao; Fig. 4 & 5; ¶: 0040-0050, 0055];
Zhao does not specifically state basing this determination on whether the road is an expressway or a general road.
Stankoulov teaches: “based on whether the road type of the section is an expressway or a general road” [Stankoulov; "The functional road class, FC, may allow for a number of road classes (e.g., highways or freeways, major roads, local roads, etc.). Depending on the road class drivers may behave differently. On a highway, a driver may be more likely to speed, for example, while on local roads there could be more instances of sudden braking or acceleration. The functional class may to some degree be reflected by the speed condition, but the assignment of distinct classes may allow for a more accurate representation. Each class may be represented by, for instance, a different value (e.g., integers from one to five, where one indicates highways and freeways, two indicates major roads, etc.);" ¶: 0151].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 3, while Zhao discloses:
“A vehicle comprising: an inverter; a control device configured to control the vehicle configured to perform an electric traveling using one or more electric motors driven by electric power from a battery, the control device comprising a processor configured to execute a calculation process of calculating an energy consumed by the electric traveling in a section from a first point to a second point of a planned travel route of the vehicle” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a vehicle system controller, 48 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "control device"); that controls propulsion of a vehicle through an electric machine operating as a motor, 14 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "one or more electric motors"); which are powered by a traction battery, 24 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "battery"). Paragraph 0063 further discloses a processing device; Fig. 1; ¶: 0018, 0019, 0063];
“wherein in the calculation process, the processor is configured to: estimate whether or not a travel load of the section is high, based on magnitude of a basic value of the energy consumed in the section; correct the basic value, based on a correction coefficient that differs depending on whether or not the travel load of the section is high” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a method for computing a target state of charge (SoCd) using equation (2), for example. The calculation for this value is based on a value, PBattDes, which refers to the target battery power at the end of the segment and is represented as a coefficient in equation (2)(patentably indistinct from the Applicant's broadly recited "correction efficient"). Zhao further discloses that the value for the coefficient, PBattDes, is based on classification of the road section, in which each section is categorized into accelerations and road grades. Depending on the combination of the road grade and acceleration profile of the vehicle for the segment, the system can predict whether energy will be consumed, i.e. the total state of charge is reduced, or restored, i.e. the total state of charge is increased over the course of the segment in order to apply an appropriate coefficient, PBattDes; Fig. 4 & 5; ¶: 0040-0050, 0055];
“transmit a command to the inverter, the inverter being configured to drive the one or more electric motors of the vehicle using the electric power in accordance with the command” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses a "power electronics module" (denoted as 26 in Fig. 1), which has been interpreted as patentably indistinct from the Applicant's broadly recited "inverter," as the power electronics module is configured to perform the function of an inverter that is known in the art, which is "a device for converting direct current into alternating current" (https://www.merriam-webster.com/dictionary/inverter ). Similarly, Zhao discloses: "The power electronics module 26 is also electrically coupled to the electric machines 14 and provides the ability to bi-directionally transfer energy between the traction battery 24 and the electric machines 14. For example, a traction battery 24 may provide a DC voltage while the electric machines 14 may operate with a three-phase AC current to function. The power electronics module 26 may convert the DC voltage to a three-phase AC current to operate the electric machines 14. In a regenerative mode, the power electronics module 26 may convert the three-phase AC current from the electric machines 14 acting as generators to the DC voltage compatible with the traction battery 24;" Fig. 1; ¶: 0019; See also: ¶: 0018, 0063];
And “determine whether the one or more electric motors is in a powering mode or a regenerative mode” [Zhao; "The electric machines 14 can provide propulsion and deceleration capability when the engine 18 is turned on or off. The electric machines 14 also act as generators and can provide fuel economy benefits by recovering energy that would normally be lost as heat in a friction braking system. The electric machines 14 may also reduce vehicle emissions by allowing the engine 18 to operate at more efficient speeds and allowing the hybrid-electric vehicle 12 to be operated in electric mode with the engine 18 off under certain conditions;" ¶: 0018;
"As an example, consider that the first segment is uphill at a relatively constant speed (e.g., Class 2). Also, consider the second segment being a flat road with vehicle deceleration (e.g., Class 6). In this scenario, it appears that in the second segment that the vehicle decelerates so that the battery may be charged via regenerative braking;" ¶: 0052];
Zhao does not specifically state: “and determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode.”
Stankoulov teaches: “and determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating a "node cost" to add to a "link cost" to calculate a total energy cost for a section of road (Equation (1); ¶: 0106). Stankoulov further discloses that the node cost is calculated by subtracting an energy generated through regenerative braking (Equation (13); ¶: 0117) from an energy required to accelerate from a stop (Equation (12); ¶: 0117). Both of these values based on Equations(12) and (13) are positive values; therefore, for a particular node, if it calculated that the energy required to accelerate from a stop is a larger value than the energy generated through regenerative braking, Equations (11) and (14) would yield a positive value for the energy at the node; ¶: 0106, 0107, 0117-0120].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 4, Zhao discloses: “wherein in the calculation process, the processor is configured to estimate whether or not the travel load of the section is high, based on whether the basic value of the section is positive or negative” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses that the classification of the road section to determine the appropriate value for the coefficient, PBattDes, is based on the relationship between the average road grade of the segment to a plurality of thresholds to classify the grade of the segment as uphill, downhill or flat. The Examiner has interpreted classification of the road in the uphill class that is accelerating, Class 1 in TABLE 1, as patentably indistinct from the Applicant's broadly recited "travel load of the section is high" as it is based on a determination of positive or negative acceleration; Fig. 4 & 5; ¶: 0040-0050, 0055].
With respect to claim 5, while Zhao discloses:
“A vehicle comprising: an inverter; a control device configured to control the vehicle configured to perform an electric traveling using one or more electric motors driven by electric power from a battery, the control device comprising a processor configured to execute a calculation process of calculating an energy consumed by the electric traveling in a section from a first point to a second point of a planned travel route of the vehicle” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a vehicle system controller, 48 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "control device"); that controls propulsion of a vehicle through an electric machine operating as a motor, 14 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "one or more electric motors"); which are powered by a traction battery, 24 in Fig. 1, (patentably indistinct from the Applicant's broadly recited "battery"). Paragraph 0063 further discloses a processing device; Fig. 1; ¶: 0018, 0019, 0063];
“wherein in the calculation process, the processor is configured to: estimate whether or not a travel load of the section is high, based on vehicle speed of the section” [Zhao; In at least the paragraphs and figures cited, Zhao discloses a method for computing a target state of charge (SoCd) using equation (2), for example. The calculation for this value is based on a value, PBattDes, which refers to the target battery power at the end of the segment and is represented as a coefficient in equation (2)(patentably indistinct from the Applicant's broadly recited "correction efficient"). Zhao further discloses that the value for the coefficient, PBattDes, is based on classification of the road section, in which each section is categorized into accelerations and road grades (patentably indistinct from the Applicant's broadly recited "road type of the section"); Fig. 4 & 5; ¶: 0040-0050, 0055];
“and correct a basic value, based on a correction coefficient that differs depending on whether or not the travel load of the section is high” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses that the classification of the road section to determine the appropriate value for the coefficient, PBattDes, is based on a combination of the relationship between the average road grade of the segment to a plurality of thresholds to classify the grade of the segment as uphill, downhill or flat and the expected acceleration profile of the vehicle for the segment. The Examiner has interpreted classification of the road in the uphill class that is accelerating, Class 1 in TABLE 1, as patentably indistinct from the Applicant's broadly recited "travel load of the section is high;" Fig. 4 & 5; ¶: 0040-0050, 0055];
“transmit a command to the inverter, the inverter being configured to drive the one or more electric motors of the vehicle using the electric power in accordance with the command” [Zhao; In at least the paragraphs and figures cited, Zhao further discloses a "power electronics module" (denoted as 26 in Fig. 1), which has been interpreted as patentably indistinct from the Applicant's broadly recited "inverter," as the power electronics module is configured to perform the function of an inverter that is known in the art, which is "a device for converting direct current into alternating current" (https://www.merriam-webster.com/dictionary/inverter ). Similarly, Zhao discloses: "The power electronics module 26 is also electrically coupled to the electric machines 14 and provides the ability to bi-directionally transfer energy between the traction battery 24 and the electric machines 14. For example, a traction battery 24 may provide a DC voltage while the electric machines 14 may operate with a three-phase AC current to function. The power electronics module 26 may convert the DC voltage to a three-phase AC current to operate the electric machines 14. In a regenerative mode, the power electronics module 26 may convert the three-phase AC current from the electric machines 14 acting as generators to the DC voltage compatible with the traction battery 24;" Fig. 1; ¶: 0019; See also: ¶: 0018, 0063];
And “determine whether the one or more electric motors is in a powering mode or a regenerative mode” [Zhao; "The electric machines 14 can provide propulsion and deceleration capability when the engine 18 is turned on or off. The electric machines 14 also act as generators and can provide fuel economy benefits by recovering energy that would normally be lost as heat in a friction braking system. The electric machines 14 may also reduce vehicle emissions by allowing the engine 18 to operate at more efficient speeds and allowing the hybrid-electric vehicle 12 to be operated in electric mode with the engine 18 off under certain conditions;" ¶: 0018;
"As an example, consider that the first segment is uphill at a relatively constant speed (e.g., Class 2). Also, consider the second segment being a flat road with vehicle deceleration (e.g., Class 6). In this scenario, it appears that in the second segment that the vehicle decelerates so that the battery may be charged via regenerative braking;" ¶: 0052];
Zhao does not specifically state: “determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode.”
Stankoulov teaches: “determine the section in which the basic value is positive corresponds to the section in which the influence of the energy consumed by the one or more electric motors in the power mode is greater than the influence of energy regeneration in the regenerative mode” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating a "node cost" to add to a "link cost" to calculate a total energy cost for a section of road (Equation (1); ¶: 0106). Stankoulov further discloses that the node cost is calculated by subtracting an energy generated through regenerative braking (Equation (13); ¶: 0117) from an energy required to accelerate from a stop (Equation (12); ¶: 0117). Both of these values based on Equations(12) and (13) are positive values; therefore, for a particular node, if it calculated that the energy required to accelerate from a stop is a larger value than the energy generated through regenerative braking, Equations (11) and (14) would yield a positive value for the energy at the node; ¶: 0106, 0107, 0117-0120].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 6, while Zhao discloses: “wherein the processor is further configured to: receive section information from a navigation device; and calculate the energy consumed for each section of the planned travel route based on the section information” [Zhao; "In some configurations, the vehicle may further include a navigation module in communication with the at least one controller and the at least one controller may be further programmed to receive route information from the navigation module and derive the route segments form the route information;" ¶: 0009;
"The route information provided by the navigation module 52 may include a vehicle speed profile and a road grade profile. A vehicle acceleration profile may be computed from the vehicle speed profile as the rate of change of vehicle speed over predetermined intervals. A wheel power demand profile may be constructed based on the vehicle speed profile and the road grade profile. The wheel power demand profile may take into account factors such as aerodynamic drag and friction that may vary as a function of vehicle speed. The wheel power demand may be a predicted amount of power at the wheels for the vehicle to travel at the specified speed and road grade;" ¶: 0038; See also: ¶: 0037, 0039, 0040, 0060-0062];
Zhao does not specifically state: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type.”
Stankoulov teaches: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating the amount of energy consumed for a vehicle to traverse a road ahead in the form of cost modeling of a plurality of "links," which have been interpreted as patentably indistinct from the Applicant's broadly recited "sections." Stankoulov further discloses calculating a link cost for each link, which is based on the gradient of the road ("and θ is the gradient angle of the road in radians;" ¶: 0109), average vehicle speed (calculating aerodynamic drag in which: "v is the vehicle speed in meters per second, and vo is the headwind speed in meters per second (which may be set to zero when not known);" ¶: 0110), the coefficient of rolling resistance ("where ƒ is a coefficient of rolling resistance (set to an appropriate value, e.g., 0.009, 0.010, 0.011, etc.);" ¶: 0109), which has been interpreted as patentably indistinct from the Applicant's broadly recited "road type" as it is known in the art to represent a coefficient of friction of the respective road surface. Stankoulov further discloses: "Different cost models may include various different parameters and may be associated with various measurable criteria. Such criteria may not be measurable (and/or otherwise known) in all cases and may thus be assumed or otherwise ascertained. In addition, different particular embodiments may include different sets of operating criteria. Such criteria may include, for instance, air resistance, vehicle weight, incline and/or altitude, speed, traffic features (e.g., stop signs, traffic lights, etc.), turn cost (e.g., deceleration and acceleration associated with a typical turn), real-time traffic (e.g., traffic congestion on a hot day may cause an air conditioner to use a disproportionate amount of energy versus normal conditions), driving style, road curvature, etc.;" ¶: 0105; See also: Fig. 6, 9, 13; ¶: 0091-0094, 0107, 0141, 0194].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 7, while Zhao discloses: “wherein the processor is further configured to: receive section information from a navigation device; and calculate the energy consumed for each section of the planned travel route based on the section information” [Zhao; "In some configurations, the vehicle may further include a navigation module in communication with the at least one controller and the at least one controller may be further programmed to receive route information from the navigation module and derive the route segments form the route information;" ¶: 0009;
"The route information provided by the navigation module 52 may include a vehicle speed profile and a road grade profile. A vehicle acceleration profile may be computed from the vehicle speed profile as the rate of change of vehicle speed over predetermined intervals. A wheel power demand profile may be constructed based on the vehicle speed profile and the road grade profile. The wheel power demand profile may take into account factors such as aerodynamic drag and friction that may vary as a function of vehicle speed. The wheel power demand may be a predicted amount of power at the wheels for the vehicle to travel at the specified speed and road grade;" ¶: 0038; See also: ¶: 0037, 0039, 0040, 0060-0062];
Zhao does not specifically state: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type.”
Stankoulov teaches: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating the amount of energy consumed for a vehicle to traverse a road ahead in the form of cost modeling of a plurality of "links," which have been interpreted as patentably indistinct from the Applicant's broadly recited "sections." Stankoulov further discloses calculating a link cost for each link, which is based on the gradient of the road ("and θ is the gradient angle of the road in radians;" ¶: 0109), average vehicle speed (calculating aerodynamic drag in which: "v is the vehicle speed in meters per second, and vo is the headwind speed in meters per second (which may be set to zero when not known);" ¶: 0110), the coefficient of rolling resistance ("where ƒ is a coefficient of rolling resistance (set to an appropriate value, e.g., 0.009, 0.010, 0.011, etc.);" ¶: 0109), which has been interpreted as patentably indistinct from the Applicant's broadly recited "road type" as it is known in the art to represent a coefficient of friction of the respective road surface. Stankoulov further discloses: "Different cost models may include various different parameters and may be associated with various measurable criteria. Such criteria may not be measurable (and/or otherwise known) in all cases and may thus be assumed or otherwise ascertained. In addition, different particular embodiments may include different sets of operating criteria. Such criteria may include, for instance, air resistance, vehicle weight, incline and/or altitude, speed, traffic features (e.g., stop signs, traffic lights, etc.), turn cost (e.g., deceleration and acceleration associated with a typical turn), real-time traffic (e.g., traffic congestion on a hot day may cause an air conditioner to use a disproportionate amount of energy versus normal conditions), driving style, road curvature, etc.;" ¶: 0105; See also: Fig. 6, 9, 13; ¶: 0091-0094, 0107, 0141, 0194].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
With respect to claim 8, while Zhao discloses: “wherein the processor is further configured to: receive section information from a navigation device; and calculate the energy consumed for each section of the planned travel route based on the section information” [Zhao; "In some configurations, the vehicle may further include a navigation module in communication with the at least one controller and the at least one controller may be further programmed to receive route information from the navigation module and derive the route segments form the route information;" ¶: 0009;
"The route information provided by the navigation module 52 may include a vehicle speed profile and a road grade profile. A vehicle acceleration profile may be computed from the vehicle speed profile as the rate of change of vehicle speed over predetermined intervals. A wheel power demand profile may be constructed based on the vehicle speed profile and the road grade profile. The wheel power demand profile may take into account factors such as aerodynamic drag and friction that may vary as a function of vehicle speed. The wheel power demand may be a predicted amount of power at the wheels for the vehicle to travel at the specified speed and road grade;" ¶: 0038; See also: ¶: 0037, 0039, 0040, 0060-0062];
Zhao does not specifically state: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type.”
Stankoulov teaches: “the section information including an average speed of the vehicle of each section, a road surface gradient of a road, a position and a curvature of the road, and the road type” [Stankoulov; In at least the paragraphs and figures cited, Stankoulov discloses calculating the amount of energy consumed for a vehicle to traverse a road ahead in the form of cost modeling of a plurality of "links," which have been interpreted as patentably indistinct from the Applicant's broadly recited "sections." Stankoulov further discloses calculating a link cost for each link, which is based on the gradient of the road ("and θ is the gradient angle of the road in radians;" ¶: 0109), average vehicle speed (calculating aerodynamic drag in which: "v is the vehicle speed in meters per second, and vo is the headwind speed in meters per second (which may be set to zero when not known);" ¶: 0110), the coefficient of rolling resistance ("where ƒ is a coefficient of rolling resistance (set to an appropriate value, e.g., 0.009, 0.010, 0.011, etc.);" ¶: 0109), which has been interpreted as patentably indistinct from the Applicant's broadly recited "road type" as it is known in the art to represent a coefficient of friction of the respective road surface. Stankoulov further discloses: "Different cost models may include various different parameters and may be associated with various measurable criteria. Such criteria may not be measurable (and/or otherwise known) in all cases and may thus be assumed or otherwise ascertained. In addition, different particular embodiments may include different sets of operating criteria. Such criteria may include, for instance, air resistance, vehicle weight, incline and/or altitude, speed, traffic features (e.g., stop signs, traffic lights, etc.), turn cost (e.g., deceleration and acceleration associated with a typical turn), real-time traffic (e.g., traffic congestion on a hot day may cause an air conditioner to use a disproportionate amount of energy versus normal conditions), driving style, road curvature, etc.;" ¶: 0105; See also: Fig. 6, 9, 13; ¶: 0091-0094, 0107, 0141, 0194].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route as disclosed by Zhao to incorporate the teachings regarding determining an optimal route by calculating energy consumption over a plurality of road sections as taught by Stankoulov with a reasonable expectation of success. By combining these inventions, the outcome is a system/method for operating a battery based on predicting the energy consumption of the vehicle along an upcoming route that is more robust in its ability to “calculate optimal routes with minimum energy usage (energy efficient routes)” [Stankoulov; ¶: 0138].
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 form 892.
Miller et al. (United States Patent Publication 2016/0243958 A1) discloses: A hybrid vehicle that includes a fraction battery, a powertrain coupled to the battery, and a controller or a battery management system having a controller. The controller is programmed to set a state of charge (SOC) target for the battery according to losses associated with the powertrain and an angle of inclination of the vehicle. The controller is programmed to respond to a SOC of the battery and a speed of the vehicle. When the SOC is greater than the target and the speed is greater than a threshold the controller is programmed to discharge the battery to achieve the target.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/R.N.B./Examiner, Art Unit 3666C
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666