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 .
DETAILED ACTION
This office action is in response to application 18/385, 060 filed 10/30/23. Claims 1-20 are pending with claims 1, 14, and 17 in independent form.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-6, 9 and 17 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kusama US 2021/0247760 A1.
Kusama teaches:
Re: claim 1, An electric vehicle comprising: a primary power system (high-voltage battery 150); the primary power system including a primary battery pack (high-voltage battery 150) and an auxiliary battery (auxiliary battery 154, 244), where the auxiliary battery pack is at a voltage different than the primary battery pack ([0084]); a vehicle control unit (vehicle control interface 110; [0059]) in communication with the primary power system, where the vehicle control unit controls operation of the primary power system ([0084]); a secondary power system including a secondary battery pack (secondary battery 158, 248), where the secondary power system is located in a vehicle location different from the primary power system (fig. 3); and an auxiliary system only coupled to the secondary power system, where only the secondary power system provides power to the auxiliary system ([0090]).
Re: claim 2, The electric vehicle of claim 1 comprising: a DC/DC converter coupled between the primary battery pack and the auxiliary battery pack (DC/DC converter 156).
Re: claim 3, The electric vehicle of claim 1 where the vehicle control system controls operation of the secondary power system ([0109]-[0118]).
Re: claim 4, The electric vehicle of claim 1, where the primary battery pack has an output voltage greater than 400 volts DC ([0083]), the auxiliary battery pack has an output voltage less than 24 volts DC ([0084]), and the secondary battery pack has an output voltage greater than 400 volts DC ([0087}).
Re: claim 5, The electric vehicle of claim 1, where the secondary battery pack is charged through the primary power system ([0085], [0087])).
Re: claim 6, The electric vehicle of claim 1, where the secondary battery pack is charged from a location on the electric vehicle different from the primary battery pack ([0085]-[0087]).
Re: claim 9, The electric vehicle of claim 1, where the secondary power system is in communication with the vehicle control unit and coupled to the primary power system, and where in an emergency mode the vehicle control system operates the secondary power system to provide emergency power to the primary power system ([0090]).
Re: claim 17, An electric vehicle comprising: a primary power system (high-voltage battery 150, the primary power system including a primary battery pack (high-voltage battery 150) and an auxiliary battery (auxiliary battery 154, 244), where the auxiliary battery pack is at a voltage different than the primary battery pack ([0084]); a vehicle control unit (vehicle control interface 110; [0059]) in communication with the primary power system, where the vehicle control unit controls operation of the primary power system ([0084]); a secondary power system including a secondary battery pack (secondary battery 158, 248), where the secondary power system is located in a vehicle location different from the primary power system (fig. 3); and a secondary battery cooling system operably coupled to the secondary power system for aiding in maintaining the secondary power system at an optimal operating temperature (table 34; [0564]-[[0633]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusama US 2021/0247760 A1 in view of Kamachi US 2016/0137149 A1.
The teachings of Kusama have been discussed above.
Kusama fails to specifically teach:
Re: claim 7, The electric vehicle of claim 1 comprising: an electric vehicle charging port; a user operable switch operably coupled between the electric vehicle charging port, the primary power system and the secondary power system, where in a first switch position the electric vehicle charging port is configured to charge the primary battery pack, and in a second switch position the electric vehicle charging port is configured to charge the secondary battery pack.
Re: claim 8, The electric vehicle of claim 7, comprising: a DC/DC converter, where the user operable switch is electrically coupled between the DC/DC converter and the primary power system and the secondary power system.
However, Kamachi teaches:
Re: claim 7, The electric vehicle of claim 1 comprising: an electric vehicle charging port; a user operable switch operably coupled between the electric vehicle charging port, the primary power system and the secondary power system, where in a first switch position the electric vehicle charging port is configured to charge the primary battery pack, and in a second switch position the electric vehicle charging port is configured to charge the secondary battery pack ([0019][[0020]; claims 6 and 9-11).
Re: claim 8, The electric vehicle of claim 7, comprising: a DC/DC converter, where the user operable switch is electrically coupled between the DC/DC converter and the primary power system and the secondary power system ([0027]), [0051]-[0052], [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the user operable switch of Kamachi into the vehicle of Kusama as an obvious matter of design choice to quickly begin the power source supply as soon as it is needed ([0020]).
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusama US 2021/0247760 A1.
Kusama teaches:
Re: claim 14, An electric vehicle comprising: a primary power system (high-voltage battery 150), the primary power system including a primary battery pack (high-voltage battery 150) and an auxiliary battery (auxiliary battery 154, 244), where the auxiliary battery pack is at a voltage different than the primary battery pack ([0084]); a secondary power system including a secondary battery pack (secondary battery 158, 248), where the secondary power system is located in a vehicle location different from the primary power system (fig. 3); and a vehicle control unit (vehicle control interface 110; [0059]) in communication with the primary power system and the secondary power system, where the vehicle control unit controls operation of the primary power system and the secondary power system ([0109]-[0118]).
Re: claim 15, The electric vehicle of claim 14 comprising: the electric vehicle including a rear trunk or hatchback area (it is obvious that a vehicle includes a trunk or hatchback area).
Kusama fails to specifically teach:
Re: claim 14, where the primary power system is located near the front of the electric vehicle, including the primary battery pack being at least partially located under one or more seats of the electric vehicle, and where the secondary power system is located towards the rear of the electric vehicle.
Re: claim 15, The electric vehicle of claim 14 comprising: where the secondary battery pack is at least partially located in the rear trunk or hatchback area.
Re: claim 16, The electric vehicle of claim 15 comprising: where the secondary battery pack is partially located at the rear of the electric vehicle and at least partially located at a front of the electric vehicle.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a placement for the power systems of Kusama as an obvious matter of design choice, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusama US 2021/0247760 A1 in view of Scaringe et al. US 2019/0016231 A1.
The teachings of Kusama have been discussed above.
Kusama fails to specifically teach:
Re: claim 18, The electric vehicle of claim 17 comprising a primary battery cooling system, where the primary battery cooling system is operably coupled to the primary power system, and where the secondary battery cooling system is an extension of the primary battery cooling system.
Re: claim 19, The electric vehicle of claim 18 comprising a frame distribution system, where the secondary battery cooling system comprises coolant routed along the electric vehicle frame to the secondary battery pack located at the rear of the electric vehicle.
Re: claim 20, The electric vehicle of claim 17 comprising: a coolant distribution system including a coolant routing system that routes coolant to desired locations along the electric vehicle frame; where the secondary battery cooling system is mechanically coupled to the coolant distribution system; one or more quick coupling devices located along the coolant distribution system that operably quick couple devices to the coolant distribution system, including the secondary battery cooling system.
However, Scaringe teaches:
Re: claim 18, The electric vehicle of claim 17 comprising a primary battery cooling system, where the primary battery cooling system is operably coupled to the primary power system, and where the secondary battery cooling system is an extension of the primary battery cooling system ([0014], [0046]-[0053]).
Re: claim 19, The electric vehicle of claim 18 comprising a frame distribution system, where the secondary battery cooling system comprises coolant routed along the electric vehicle frame to the secondary battery pack located at the rear of the electric vehicle ([0014], [0046]-[0053]).
Re: claim 20, The electric vehicle of claim 17 comprising: a coolant distribution system including a coolant routing system that routes coolant to desired locations along the electric vehicle frame; where the secondary battery cooling system is mechanically coupled to the coolant distribution system; one or more quick coupling devices located along the coolant distribution system that operably quick couple devices to the coolant distribution system, including the secondary battery cooling system ([0014], [0046]-[0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the coolant of Scaringe into the vehicle of Kusama as an obvious matter of design choice to bring and maintain the temperature of the battery within permissible ranges ([0048]).
Allowable Subject Matter
Claims 10-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other limitations of the claims: With respect to 10 and all its dependencies, comprising: a first charging port at a first location on the electric vehicle, where the first charging port is configured to charge the primary power system; and a second charging port at a second location on the electric vehicle, where the second charging port is configured to charge the secondary power system., when combined with all the other limitations of claim 1 from which it depends.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Thomas Pham, can be reached at telephone number (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH
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