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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The following title is suggested: BATTERY ARRANGEMENT FOR A VEHICLE INCLUDING CHARGING A NON-REPLACEABLE BATTERY USING A REPLACEABLE BATTERY PRIOR TO AN UPCOMING BATTERY REPLACEMENT EVENT
Drawings
The drawings are objected for containing “unlabeled generic box elements” (see 110, 112, 114, 116, Figure 1; 110, 112, 114, 120, Figure 2; S1, S2, S3, Fig. 4; and all “box elements” of Figure 5). Correction is required in accordance with 37 CFR 1.83 as stated below.
Further, 37 CFR 1.83 – Content of Drawing:
(a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings.
(b) When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
(c) Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. Such corrections are subject to the requirements of § 1.81(d).
[31 FR 12923, Oct. 4, 1966; 43 FR 4015, Jan. 31, 1978; paras. (a) and (c) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; para. (a) revised, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004; para. (a) revised, 78 FR 62368, Oct. 21, 2013]
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “high-voltage” in claims 1 and 12 is a relative term which renders the claims indefinite. The term “high-voltage” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the “primary high-voltage battery”, “secondary high-voltage battery”, and “externally charged high-voltage battery” are rendered indefinite.
Claims 2-11 and 13-15 are dependent from claim 1 and are therefore rejected for the same reasons as independent claim 1.
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) 1-3, 5-6, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over LESZCZYNSKI (EP 3463963 B1; cited on IDS with date 11/9/2023; a copy of the foreign application was submitted by Applicant) in view of CHO (KR 20210083039 A; cited on IDS with date 11/9/2023; English machine translation is included with office action).
Regarding claim 1, LESZCZYNSKI discloses a battery arrangement for a vehicle (¶ 0001: present invention relates to a battery management apparatus and method for an electric vehicle. In particular, the present invention relates to an apparatus and method for managing two or more batteries in an electric vehicle), the battery arrangement comprising:
a primary high-voltage battery (it is noted that “high-voltage” is not defined or described in the specification, and is indefinite as explained in the rejection under 35 USC 112(b) above; 103, Figs. 1 & 2; ¶ 0018: master battery) connectable to an electric traction motor of the vehicle (¶ 0021: the electric drivetrain of the electric vehicle 100 can include one or more electric motors. In the present embodiment the electric vehicle 100 is provided with separate front 102 and rear 101 electric drivetrains, each of which includes two electric motors), the primary high-voltage battery being configured to feed electric power to the electric traction motor during propulsion (¶ 0024: the power distribution unit 107 may include an arrangement of electrical switches that can be configured to electrically connect each of the master battery 103, second battery 104, and range extender unit 105 to one or both of the front and rear drivetrains 101, 102. This allows each of the front and rear drivetrains 101, 102 to be driven by one or more of the available power sources 103, 104, 105, in any combination) and to receive electric power generated by the electric traction motor during braking (¶ 0022: the electric vehicle 100 further comprise first and second regenerative braking systems 108a, 108b that are configured to generate electrical power for charging the master battery 103 and/or the slave battery 104 under braking of the electric vehicle 100),
a secondary high-voltage battery (104, Figs. 1 & 2; ¶ 0018: swappable second battery) connectable to the electric traction motor of the vehicle (¶ 0021: see above), the secondary high-voltage battery being configured to feed electric power to the electric traction motor during propulsion (¶ 0024: see above) and to receive electric power generated by the electric traction motor during braking (¶ 0022: see above), wherein the primary and second batteries are electrically connected to each other for feeding electric power there between (¶ 0025: the power distribution unit 107 can be controlled to electrically connect one of the batteries 103, 104 to the other battery 103, 104…to charge said one of the batteries 103, 104 from the other battery 103, 104), and
a control unit (106, Figs. 1 & 2) comprising a processor device coupled to the primary and secondary batteries (¶ 0031: the battery control unit 106 comprises a processing unit 201 and non-volatile computer readable memory 202 adapted to store computer program instructions which, when executed by the processing unit 201, perform the battery management method), the processor device being configured to:
control one of the primary high-voltage battery and the secondary high-voltage battery to feed electric power to the other one of the primary high-voltage battery and the secondary high-voltage battery (¶ 0025: see above) prior to replacement of the secondary high-voltage battery (¶ 0020: second battery 105 may be swapped with the replacement battery when the second battery 105 is discharged, or is no longer operating correctly; the feeding of electric power between the batteries is implied as occurring “prior to replacement of the secondary high-voltage battery”).
LESZCZYNSKI fails to disclose the processor device being configured to receive data indicative of an upcoming battery replacement event, at which battery replacement event the secondary high-voltage battery will be replaced with an externally charged high-voltage battery.
CHO discloses the processor device (¶ 0014: terminal connected to an electric vehicle) being configured to receive data indicative of an upcoming battery replacement event (¶ 0038: above schedule data transmission step (S400) transmits battery replacement schedule data generated by selecting one of the charging stations located within the above schedule range to the service server; ¶ 0039: battery replacement schedule data including travel time data to the charging station generated as the electric vehicle selects the charging station and data on the number of batteries to be replaced at the selected charging station is transmitted to the service server; ¶ 0040: At this time, the priority for each electric vehicle is determined based on the time of the battery replacement schedule data transmitted to the service server, and when the battery replacement schedule data is transmitted to the service server, the available battery data for each charging station is modified), at which battery replacement event the secondary high-voltage battery will be replaced with an externally charged high-voltage battery (¶ 0013: by checking available batteries, users can verify charging and waiting times for each charging station; this offers the advantage of enabling smooth battery replacement by allowing them to be aware of battery shortages and availability at nearby charging stations; ¶ 0022: the number of fully charged batteries among the batteries installed in each slot is transmitted to the service server, and in the above-mentioned uncharged battery information transmission step (S122), the charging percentage up to now and the time required to reach full charge for each uncharged battery, i.e., the battery currently being charged, among the batteries installed in each slot are transmitted to the service server).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include receiving data indicative of an upcoming battery replacement event as recited in order to allow users to be aware of battery shortages and availability at a nearby charging station, enabling smooth battery replacement (CHO, ¶ 0013).
Regarding claim 2, LESZCZYNSKI discloses the primary high-voltage battery is a stationary, non-replaceable, high-voltage battery (¶ 0018, 0020).
Regarding claim 3, LESZCZYNSKI discloses the processor device is configured to control the secondary high-voltage battery to feed electric power to the primary high-voltage battery prior to replacement of the secondary high-voltage battery (¶ 0020, 0025).
Regarding claim 5, LESZCZYNSKI as modified by CHO teaches the battery replacement event is based on a battery replacement availability at a replacement site (CHO, ¶ 0032-0033).
Regarding claim 6, LESZCZYNSKI as modified by CHO teaches the battery replacement event is based on a state of charge level of the secondary high-voltage battery (CHO, ¶ 0012, 0027).
Regarding claim 12, LESZCZYNSKI discloses a method of controlling a vehicle battery arrangement (¶ 0001: present invention relates to a battery management apparatus and method for an electric vehicle. In particular, the present invention relates to an apparatus and method for managing two or more batteries in an electric vehicle) comprising primary high-voltage battery (103, Figs. 1 & 2; ¶ 0018: master battery) connected to an electric traction motor of the vehicle (¶ 0021: the electric drivetrain of the electric vehicle 100 can include one or more electric motors. In the present embodiment the electric vehicle 100 is provided with separate front 102 and rear 101 electric drivetrains, each of which includes two electric motors) and secondary high-voltage battery (104, Figs. 1 & 2; ¶ 0018: swappable second battery) connected to the electric traction motor of the vehicle (¶ 0024: the power distribution unit 107 may include an arrangement of electrical switches that can be configured to electrically connect each of the master battery 103, second battery 104, and range extender unit 105 to one or both of the front and rear drivetrains 101, 102. This allows each of the front and rear drivetrains 101, 102 to be driven by one or more of the available power sources 103, 104, 105, in any combination), the method comprising:
controlling one of the primary high-voltage battery and the secondary high-voltage battery to feed electric power to the other one of the primary high-voltage battery and the secondary high-voltage battery (¶ 0025: the power distribution unit 107 can be controlled to electrically connect one of the batteries 103, 104 to the other battery 103, 104…to charge said one of the batteries 103, 104 from the other battery 103, 104), and subsequently
replacing the secondary high-voltage battery with an externally charged high-voltage battery (¶ 0020: second battery 105 may be swapped with the replacement battery when the second battery 105 is discharged, or is no longer operating correctly; the feeding of electric power between the batteries is implied as occurring prior to replacement of the secondary high-voltage battery).
LESZCZYNSKI fails to disclose determining the presence of an upcoming battery replacement event.
CHO discloses determining the presence of an upcoming battery replacement event (¶ 0038: above schedule data transmission step (S400) transmits battery replacement schedule data generated by selecting one of the charging stations located within the above schedule range to the service server; ¶ 0039: battery replacement schedule data including travel time data to the charging station generated as the electric vehicle selects the charging station and data on the number of batteries to be replaced at the selected charging station is transmitted to the service server; ¶ 0040: At this time, the priority for each electric vehicle is determined based on the time of the battery replacement schedule data transmitted to the service server, and when the battery replacement schedule data is transmitted to the service server, the available battery data for each charging station is modified).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include determining the presence of an upcoming battery replacement event in order to allow users to be aware of battery shortages and availability at a nearby charging station, enabling smooth battery replacement (CHO, ¶ 0013).
Regarding claim 13, LESZCZYNSKI discloses a vehicle comprising an electric traction motor and a battery arrangement of claim 1 (¶ 0018-0021).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over LESZCZYNSKI in view of CHO as applied to claims 1-3, 5-6, and 12-13 above, and further in view of HUANG (Pub. No.: US 2018/0178664).
Regarding claim 4, LESZCZYNSKI as modified by CHO teaches the battery arrangement as applied to claim 3, but fails to disclose the processor device is configured to, before controlling the secondary high-voltage battery to feed electric power to the primary high-voltage battery: determine an available state of charge level of the primary high-voltage battery, control the second high-voltage battery to feed electric power to the primary high-voltage battery at a power level below the available state of charge level.
HUANG discloses the processor device is configured to, before controlling the secondary high-voltage battery to feed electric power to the primary high-voltage battery: determine an available state of charge level of the primary high-voltage battery, control the second high-voltage battery to feed electric power to the primary high-voltage battery at a power level below the available state of charge level (¶ 0021-0024).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include controlling the second high-voltage battery to feed electric power to the primary high-voltage battery at a power level below the available state of charge level in order to prevent damage to the primary high-voltage battery.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over LESZCZYNSKI in view of CHO as applied to claims 1-3, 5-6, and 12-13 above, and further in view of GEORGESON (Pub. No.: US 2022/0212638).
Regarding claim 7, LESZCZYNSKI as modified by CHO teaches the battery arrangement as applied to claim 6, but fails to disclose the data indicative of the battery replacement event is received in response to the state of charge level of the secondary high-voltage battery being below a predetermined threshold level.
GEORGESON discloses the data indicative of the battery replacement event is received in response to the state of charge level of the secondary high-voltage battery being below a predetermined threshold level (¶ 0001-0002, 0007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the data indicative of the battery replacement event is received in response to the state of charge level as recited in order to prevent deep battery discharge and/or prevent downtime due to a completely discharged battery.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over LESZCZYNSKI in view of CHO as applied to claims 1-3, 5-6, and 12-13 above, and further in view of CUN (Pub. No.: US 2015/0321570 A1).
Regarding claim 8, LESZCZYNSKI as modified by CHO teaches the battery arrangement as applied to claim 1, and LESZCZYNSKI further discloses the processor device being further configured to: monitor a status level of the primary high-voltage battery (¶ 0030), and control the secondary high-voltage battery to feed electric power to the primary high-voltage battery (¶ 0025).
LESZCZYNSKI fails to disclose a power level of the electric power fed to the primary high-voltage battery is based on the status level of the primary high-voltage battery.
CUN discloses a power level of the electric power fed to the primary high-voltage battery is based on the status level of the primary high-voltage battery (¶ 0042: controller 106 may receive battery data from the battery 104, such as the current SOC of the battery 104, the temperature of the battery 104, the health of the battery 104, and the like. The controller 106 may use the battery data as charging information to determine an amount of charging needed for the EV 100; ¶ 0047: the battery 104 may charge at different charge rates depending on the battery SOC).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the power level of the electric power fed to the primary high-voltage battery is based on the status level in order to maintain battery safety and/or maximize battery lifespan.
Regarding claim 9, LESZCZYNSKI as modified by CHO and CUN teaches the status level of the primary high-voltage battery is a current state of charge level of the primary high-voltage battery (CUN, ¶ 0042).
Regarding claim 10, LESZCZYNSKI as modified by CHO and CUN teaches the status level of the primary high-voltage battery is a current state of health of the primary high-voltage battery (CUN, ¶ 0042).
Regarding claim 11, LESZCZYNSKI as modified by CHO and CUN teaches the status level of the primary high-voltage battery is a current temperature level of the primary high-voltage battery (CUN, ¶ 0042).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over LESZCZYNSKI in view of CHO as applied to claims 1-3, 5-6, and 12-13 above, and further in view of HUFF (Pub. No.: US 2019/0263269).
Regarding claim 14, LESZCZYNSKI as modified by CHO teaches the vehicle as applied to claim 13, but fails to disclose the vehicle is a working machine operable at a work site, the work site being a confined area comprising a plurality of working machines, wherein the battery replacement event is based on a state of charge level of a high-voltage battery connected to at least one of the plurality of working machines.
HUFF discloses the vehicle is a working machine operable at a work site, the work site being a confined area comprising a plurality of working machines (¶ 0054-0055, 0071, 0108, 0116, 0126), wherein the battery replacement event is based on (the phrase “is based on” is considered to be open-ended, and does not require a relationship of direct reliance, but rather is interpreted as “having at least some relationship to”) a state of charge level of a high-voltage battery connected to at least one of the plurality of working machines (¶ 0106-0116).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the vehicle is a working machine operable at a work site in order to select a suitable operating environment as a routine design choice, to achieve expected, predictable benefits.
Regarding claim 15, LESZCZYNSKI as modified by CHO and HUFF teaches the vehicle as applied to claim 14, but fails to teach the battery replacement event is based on a work schedule of an operator at a replacement site.
HUFF further discloses the battery replacement event is based on (the phrase “is based on” is considered to be open-ended, and does not require a relationship of direct reliance, but rather is interpreted as “having at least some relationship to”) a work schedule of an operator at a replacement site (¶ 0127, 0147).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the battery replacement event is based on a work schedule of an operator in order to improve the operational efficiency of the battery replacement event.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 6/25/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859
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