DETAILED ACTION
This Office Action is in response to Applicant Amendment and Argument filed on 09/17/2025. This Action is made FINAL.
Claims 1-2 and 4-20 are pending for examination.
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 Arguments
Applicant’s arguments, see Remarks pages 1, filed 9/, with respect to the rejection(s) of claim(s) 1-11 under 35 U.S.C. § 112(b) have been fully considered and are not persuasive, with respect to the rejection(s) 1-2 and 4-20 under 35 U.S.C. § 101 have been fully considered and are not persuasive, and with respect to the rejection(s) of claim(s) 1-2 and 4-20 under 35 U.S.C. § 102 and 103 have been fully considered and are not persuasive.
In the Remarks, Applicant argued the following:
“a display device configured to display” and “a controller configured to control” implies structure
The claims are not directed to an abstract idea but rather relate to a technical solution or improvement of a technical problem of providing real-time distance to empty (DTE) values to a driver.
Yang fails to teach or suggest
“determines a low-DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition, determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low_DTE vehicle speed, the high-STE vehicle speed, and constant-speed fuel efficiency information of the vehicle, determines a low-DTE value based on the low_DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-STE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy, determines a current DTE value indicating a real-time DTE, and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value.”
Regarding point (a) the limitations “a display device configured to display” and “a controller configured to control” invoke interpretation under 35 U.S.C. 112(f) as they each use generic placeholder terms (device, controller), modifying by function language (configured to), and the generic placeholder are not modified by sufficient structure, material, or acts for performing the claimed function. The examiner therefore interprets these limitations as hardware (a hardware controller, a hardware display device). However, the specification does not recite hardware for these limitations, therefore with the interpretation under 112(f) which requires the specification to recite sufficient hardware, lacking said description a rejection under 112(b) was found to be proper by the examiner as it is unclear what hardware is intended to carry out the functions. For example a display device could be a LED display, and LCD display, an AR display, a microprocessor used for generating commands, an ASIC, an FPGA, etc. Likewise a controller could be a generic microprocessor, and FPGA, an ASIC, etc. Therefor the examiner maintains the rejection under 112(b) regarding the limitations lacking description. Examiner recommends amendments to the claims to no longer invoke interpretation under 112(f).
Regarding point (b) applicant argues the limitations such as "wherein the controller determines a low- DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition, determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low-DTE vehicle speed, the high-DTE vehicle speed, and constant-speed fuel efficiency information of the vehicle, determines a low DTE value based on the low-DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-DTE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy, determines a current DTE value indicating a real-time DTE, and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value" are limitations that are more than a mental process and are thus not directed to an abstract idea and that the actions performed by the controller cannot be performed by the human mind. However, examiner disagrees and maintains claims rejection under 101.
The following bolded limitations recite at least one abstract idea (formatting for clarity to show clearly three recited abstract ideas such as mental processes)
"wherein the controller
determines a low- DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition, determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low-DTE vehicle speed, the high-DTE vehicle speed, and constant-speed fuel efficiency information of the vehicle,
determines a low DTE value based on the low-DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-DTE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy,
determines a current DTE value indicating a real-time DTE,
and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value"
the above bolded limitations each recite a determination where the first could be performed in a human mind simply by determining two different speeds, recognizing that at one speed a further DTE may be achieved and from this determining at the high-DTE and the low-DTE that there would be some amount of total battery output (i.e. 100% of remaining battery charge at a DTE) while considering current constant speed efficient information. The second limitations could be performed in the human mind by determining any distance at the low-DTE speed and another distance at the high-DTE speed where the distances would be greater depending on a current available battery energy. The third limitation could be performed in the human mind by determining at a current speed they could achieve a certain DTE. Examiner notes that these DTE need not be fully accurate, the claim limitations recite a DTE to be determined, a person simply determine a DTE of 5, 10, and 15 miles for three speeds would fit the claimed limitations.
Further the controller is recited in a high level of generality and interpreted for the purpose of compact prosecution as a generic computing device, similarly for a display device where operations of display control are operations carried out by a generic computing device at a high level of generality acting in the typical capacity of generic computing device (i.e. generating signals to execute commands). Therefore the examiner maintains previous rejections under 35 U.S.C. § 101.
Regarding point (c)(i), applicant further argues Yang discloses a method and system of dynamically displaying a plurality of electric drive range estimations for a vehicle having an electric motor and energy storage system configured to provide electric power to the electric motor. Further applicant argues that Yang discloses a drivable electric drive range estimation output including a maximum drivable electric drive rang (Range_Hi) and a minimum drivable electric drive range (Range_Lo) and that Yang fails to disclose using the Range_Hi and the Range_Lo to determine a low_DTE value or a high-DTE value. Applicant further argues Yang fails to disclose using the low_DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy to determine the low-DTE value (similarly for the high-DTE vehicle speed…). However, examiner maintains Yang teaches the limitations as claimed. First, examiner maintains the Range_Hi and Range_Lo determined by Yang are equivalent to a high-DTE value and low-DTE value. Further examiner maintains that Yang’s teachings of the Range_Hi and Range_Lo utilizing vehicle speed and other variables in determining a maximum and minimum vehicle range and displaying these ranges require utilization of vehicle speed, total battery output at each vehicle speed and current available battery energy. Therefore examiner maintains Yang teaches the limitations as claims as discussed in the rejection below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder (“a communication manager”, “first trajectory generator throttle-activator module”, “an activation-signal scheduler”) that is coupled with functional language (“to exchange”, “to send”, “storing”) without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are as follows:
”a display device configured to display” recited in claims 1 and 10-11. For the purposes of examination, the examiner will take “a display device” as any device capable of displaying information.
” a controller configured to control” recited in claims 1-2, 4, and 10-11. For the purposes of examination, the examiner will take “a controller” as a processor or equivalent.
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 1-2 and 4-11 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.
Claim limitation “a display device configure to display” and “a controller configured to control” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. A display device is only referenced as being provided through an instrument cluster without and description of hardware associated with the display device and a controller is not mentioned in conjunction with any description of hardware. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2 and 4-11 are dependent on claims 1 and/or 2 and do not cure the deficiencies thereof, therefore are rejected for the same reason.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2 and 4-20 are rejected under 35 U.S.C. 101 because the invention is directed to an abstract idea without significantly more.
101 Analysis - Step 1: Applicant’s independent claim 6 is directed toward an apparatus. Therefore, it can be seen that it/they fall(s) within one of the four statutory categories of invention.
101 Analysis - Step 2A, Prong I: Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 includes limitations that recite and abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 6 recites :
An apparatus for providing information on a distance to empty (DTE) of a vehicle, the apparatus comprising:
a display device configured to display DTE information of a vehicle; and
a controller configured to control operation of the display device,
wherein the controller determines a low-DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition, determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low-DTE vehicle speed, the high-DTE vehicle speed, and constant-speed fuel efficiency information of the vehicle, determines a low DTE value based on the low-DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-DTE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy, determines a current DTE value indicating a real-time DTE, and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. Specifically, the step “determining” encompasses a user making an observation, evaluation, or judgement, based on information about a driving condition such as determining a minimum and maximum distance to empty based on a remaining charge and determining a current DTE is between two extremes, determining an amount of total battery output for each a low-DTE vehicle speed and a high-DTE vehicle speed, and determining a current DTE value . Accordingly, the claim recites at least one abstract idea.
101 Analysis - Step 2A, Prong II: Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
An apparatus for providing information on a distance to empty (DTE) of a vehicle, the apparatus comprising:
a display device configured to display DTE information of a vehicle; and
a controller configured to control operation of the display device,
wherein the controller determines a low-DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition, determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low-DTE vehicle speed, the high-DTE vehicle speed, and constant-speed fuel efficiency information of the vehicle, determines a low DTE value based on the low-DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-DTE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy, determines a current DTE value indicating a real-time DTE, and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “a display device configured to display DTE information of a vehicle”, “a controller configured to control operation of the display device”, “wherein the controller…”, and “controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value” the examiner submits these limitations amount to no more than a generic computing device actin g in its typical capacity to execute the abstract idea.
101 Analysis - Step 2B: Regarding Step 2B of the Revised Guidance, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons as those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application the additional elements of a controller and display device to display the DTE values, these limitations amount to no more than generic computing devices acting in their typical capacity to execute the abstract idea of determinations of a low, high, and current DTE value.
Dependent claim(s) 2 and 4-11 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application as discussed below. Therefore, dependent claims 2 and 4-11 are not patent eligible under the same rationale as provided for in the rejection of claim 1.
Regarding claim 2, which is dependent on claim 1, it merely adds the limitations “wherein the controller: determines the low-DTE vehicle speed and the high-DTE vehicle speed corresponding to the current vehicle driving condition using information about matching between low-DTE and high-DTE vehicle speeds and a vehicle driving condition;
Wherein the current vehicle driving condition comprises a region condition and a road condition in which the vehicle travels” which is merely further defining the abstract idea in which a person could analyze data to determine low and high DTE vehicle speeds and match information to make determinations based on a region and road condition.
Regarding claim 4, which is dependent on claim 2, it merely adds the limitations “wherein the controller: determines a driving output necessary to drive the vehicle using the low-DTE vehicle speed, the high-DTE vehicle speed, and the constant-speed fuel efficiency information of the vehicle; and determines a total battery output at the low-DTE vehicle speed, including the determined driving output, and a total battery output at the high-DTE vehicle speed, including the determined driving output” which is merely of another abstract idea where a person could determine a driving output in their mind performing basic calculations.
Regarding claim 5, which is dependent on claim 4, it merely adds the limitations “wherein the driving output comprises: a low-DTE driving output determined to be a value corresponding to the low-DTE vehicle speed; and a high-DTE driving output determined to be a value corresponding to the high-DTE vehicle speed” which is merely further defining the abstract idea of determining a driving output.
Regarding claim 6, which is dependent on claim 5, it merely adds the limitations “wherein the total battery output comprises: a low-DTE total output as the total battery output at the low-DTE vehicle speed, the low-DTE total output being determined to be a value obtained by summing the low-DTE driving output and a current air-conditioning output used for air-conditioning of the vehicle; and a high-DTE total output as the total battery output at the high-DTE vehicle speed, the high-DTE total output being determined to be a value obtained by summing the high-DTE driving output and the current air-conditioning output.” which is merely further defining the abstract idea of determining a total battery output.
Regarding claim 7, which is dependent on claim 6, it merely adds the limitations “wherein: the low-DTE total output is determined to be a value obtained by adding a converter output to the value obtained by summing the low-DTE driving output and the current air-conditioning output, the converter output being a battery output that is output to electronic components of the vehicle through a converter; and the high-DTE total output is determined to be a value obtained by adding the converter output to the value obtained by summing the high-DTE driving output and the current air-conditioning output.” which is merely further defining the abstract idea with the mathematical operation of addition.
Regarding claim 8, which is dependent on claim 6, it merely adds the limitations “wherein: the low DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the low-DTE vehicle speed by the low-DTE total output, by the available battery energy; and the high DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the high-DTE vehicle speed by the high-DTE total output, by the available battery energy.” which is merely further defining the abstract idea with a basic mathematical equation including multiplication and division.
Regarding claim 9, which is dependent on claim 2, it merely adds the limitations “wherein: the low DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the low-DTE vehicle speed by the low-DTE total output, by the available battery energy; and the high DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the high-DTE vehicle speed by the high-DTE total output, by the available battery energy.” which is merely further defining the abstract idea with a basic mathematical equation including multiplication and division.
Regarding claim 10, which is dependent on claim 1, it merely adds the limitations “wherein the controller and the display device are configured to display the low DTE value, the high DTE value, and the current DTE value through one or two or more display methods selected from among a numerical value, a display position on a graph image, a size of the graph image, and a color of the graph image so that the low DTE value, the high DTE value, and the current DTE value are compared with each other.” which is merely further defining the extra solution activity of determining values to be displayed and in which manner they are displayed such that it comprises no more than a generic computing device acting in its typical capacity.
Regarding claim 11, which is dependent on claim 10, it merely adds the limitations “wherein the controller and the display device are configured such that, as the current DTE value is updated and changed, a display position or a color of the current DTE value in the graph image is changed between a display position or a color of the low DTE value and a display position or a color of the high DTE value and such that the changed display position or color indicates the current DTE value as a value relative to the low DTE value and the high DTE value.” which is merely further defining extra solution activity of displaying data.
Regarding Claims 12-20, they recite a method with limitations substantially the same as claims 1-2 and 4-10 above, therefore they are rejected for the same reason.
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 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)(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) 1-5, 9-15, and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al (US 20140074329 A1) henceforth referred to as Yang.
Regarding Claim 1 Yang teaches An apparatus for providing information on a distance to empty (DTE) of a vehicle, the apparatus comprising (para [0023] : “According to the principles disclosed herein, and as discussed below, the present disclosure provides a method and system of dynamically displaying a plurality of electric drive range estimations for a vehicle having an electric motor and an energy storage system configured to provide electric power to the electric motor.”):
a display device configured to display DTE information of a vehicle (para [0035] : “FIG. 3 illustrates a user interface 300 having a drivable electric drive range estimation 308 that is displayed on the display 210 (FIG. 2) as a graphical representation of a vehicle's electric drive range estimations with confidence interval.”); and
a controller configured to control operation of the display device (para [0031] : “The method 100 may be implemented in software, in particular a sequence of controller execution instructions. The controller 208 may be a processor, a microprocessor, a microcontroller, or any device that incorporates the functions of a computer's central processing unit (CPU) onto a single or multiple integrated circuits.”),
wherein the controller determines a low-DTE vehicle speed and a high-DTE vehicle speed based on a current vehicle driving condition (para [0037] : “FIG. 5 illustrates another user interface 500 displayed on the display 210 in accordance with another embodiment described herein. The information display may further include at least one electric drive range impact factor corresponding to a vehicle operating parameter controllable by the vehicle operator. The at least one electric drive range impact factor may affect at least one of the maximum drivable electric drive range, the minimum drivable electric drive range, or the instantaneous drivable electric drive range. As shown in FIG. 5, the drivable electric drive range estimation 308 is shown with electric drive range impact factors 502. The electric drive range impact factors 502 may also be referred to as electric coaching factors. In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range. For example, electric drive range impact factors 502 may include A/C 504, heating 510, driving 506, route 508, weight 512, ecological mode 514, or other factors. Any names describing these factors may be used in the user interface 500. For example, ecological mode 514 may also be called "Eco" or "Eco Mode." The A/C factor 504 and heating factors 510 represent the air conditioning system and heating system of the vehicle, respectively, where a plus or minus range of the vehicle will be displayed based on how the electric drive range will be affected, decrease or increase, respectively when the air conditioning is on or off, or the heating system is on or off. The driving factor 506 represents how electric drive range is altered by the driving style or driving behavior of the driver of the vehicle and takes into account factors affecting level of propulsion power demands such as aggressiveness level of acceleration and deceleration of the vehicle and the average speed. Route factor 508 represents a route selection factor that may be used with a navigation system and/or a global positioning system (GPS), where the selected route's impact on vehicle electric drive range is displayed. Weight factor 512 represents the impact associated with the vehicle's weight, which may be measured by e.g., acceleration response and elevation information. Ecological factor 514 represents an ecological mode where the vehicle is placed into a more efficient energy conservation mode. The energy conservation mode may restrict the maximum allowable propulsion power and/or maximum electrical accessory loads, thus, to conserve electrical energy to extend the drivable electric drive range. For example, the ecological mode may set a limit for the propulsion power available for a maximum speed or for a rate of acceleration. As other examples, the ecological mode may limit the total available electrical power for the accessories, or limit the individual electrical power load for an accessory. The ecological mode may limit the individual electrical power available for an accessory, without necessarily simply turning off the individual accessory.”), determines a total battery output at the low-DTE vehicle speed and a total battery output at the high-DTE vehicle speed using the low-DTE vehicle speed, the high-DTE vehicle speed, and constant-speed fuel efficiency information of the vehicle (para [0026] : “The term "energy storage system" as used herein may include, but is not limited to, a battery, a battery pack, a battery cell, or a battery module. An energy storage system may also be any system for storing energy or electric power source. In a preferred embodiment, the energy storage system is a battery.”, as the system determines estimated distances to empty for maximal, minimal, and instantaneous it would be required that the low and high (minimum and maximum distances) efficiency related information comprise total battery output, where the total battery output is at a low and high DTE vehicle speed as vehicle speed is a factor used in determining the distance to empty of the system.), determines a low DTE value based on the low-DTE vehicle speed, the total battery output at the low-DTE vehicle speed, and a current available battery energy, determines a high DTE value based on the high-DTE vehicle speed, the total battery output at the high-DTE vehicle speed, and a current available battery energy, determines a current DTE value indicating a real-time DTE, and controls operation of the display device to display the low DTE value, the high DTE value, and the current DTE value (para [0035] : “FIG. 3 illustrates a user interface 300 having a drivable electric drive range estimation 308 that is displayed on the display 210 (FIG. 2) as a graphical representation of a vehicle's electric drive range estimations with confidence interval. As described below (FIG. 6), the maximum drivable electric drive range 302, instantaneous drivable electric drive range 304, and minimum drivable electric drive range 306, are estimated by the controller 208 and then output to display 210. In one embodiment, the drivable electric drive range estimation 308 may be output on the display 210 at the start of the drive. The maximum drivable electric drive range 302, may also be referred to as a high range (Range_Hi). The instantaneous drivable electric drive range 304, may also be referred to as an instantaneous range (Range_Inst). The minimum drivable electric drive range 306 may also be referred to as a low range (Range_Lo). It should also be appreciated that the maximum drivable electric drive range 302, instantaneous drivable electric drive range 304, and minimum drivable electric drive range 306 may also be referred to by other names. The estimated instance drivable electric drive range, maximum drivable electric drive range and minimum drivable electric drive range may be displayed in an image such as a bar graph (FIG. 3), a pie chart, a line graph, or any other graph or graphical display.”, para [0037] : “FIG. 5 illustrates another user interface 500 displayed on the display 210 in accordance with another embodiment described herein. The information display may further include at least one electric drive range impact factor corresponding to a vehicle operating parameter controllable by the vehicle operator. The at least one electric drive range impact factor may affect at least one of the maximum drivable electric drive range, the minimum drivable electric drive range, or the instantaneous drivable electric drive range. As shown in FIG. 5, the drivable electric drive range estimation 308 is shown with electric drive range impact factors 502. The electric drive range impact factors 502 may also be referred to as electric coaching factors. In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range. For example, electric drive range impact factors 502 may include A/C 504, heating 510, driving 506, route 508, weight 512, ecological mode 514, or other factors.”).
Regarding Claim 2 Yang teaches The apparatus of claim 1, further Yang teaches wherein the controller:
Determines the a low-DTE vehicle speed and the high-DTE vehicle speed corresponding to the current vehicle driving condition using information about matching between low-DTE and high-DTE vehicle speeds and a vehicle driving condition (para [0037] : “FIG. 5 illustrates another user interface 500 displayed on the display 210 in accordance with another embodiment described herein. The information display may further include at least one electric drive range impact factor corresponding to a vehicle operating parameter controllable by the vehicle operator. The at least one electric drive range impact factor may affect at least one of the maximum drivable electric drive range, the minimum drivable electric drive range, or the instantaneous drivable electric drive range. As shown in FIG. 5, the drivable electric drive range estimation 308 is shown with electric drive range impact factors 502. The electric drive range impact factors 502 may also be referred to as electric coaching factors. In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range. For example, electric drive range impact factors 502 may include A/C 504, heating 510, driving 506, route 508, weight 512, ecological mode 514, or other factors. Any names describing these factors may be used in the user interface 500. For example, ecological mode 514 may also be called "Eco" or "Eco Mode." The A/C factor 504 and heating factors 510 represent the air conditioning system and heating system of the vehicle, respectively, where a plus or minus range of the vehicle will be displayed based on how the electric drive range will be affected, decrease or increase, respectively when the air conditioning is on or off, or the heating system is on or off. The driving factor 506 represents how electric drive range is altered by the driving style or driving behavior of the driver of the vehicle and takes into account factors affecting level of propulsion power demands such as aggressiveness level of acceleration and deceleration of the vehicle and the average speed. Route factor 508 represents a route selection factor that may be used with a navigation system and/or a global positioning system (GPS), where the selected route's impact on vehicle electric drive range is displayed. Weight factor 512 represents the impact associated with the vehicle's weight, which may be measured by e.g., acceleration response and elevation information. Ecological factor 514 represents an ecological mode where the vehicle is placed into a more efficient energy conservation mode. The energy conservation mode may restrict the maximum allowable propulsion power and/or maximum electrical accessory loads, thus, to conserve electrical energy to extend the drivable electric drive range. For example, the ecological mode may set a limit for the propulsion power available for a maximum speed or for a rate of acceleration. As other examples, the ecological mode may limit the total available electrical power for the accessories, or limit the individual electrical power load for an accessory. The ecological mode may limit the individual electrical power available for an accessory, without necessarily simply turning off the individual accessory.”); and
Wherein the current vehicle driving condition comprises a region condition and a road condition in which the vehicle travels (para [0027] : “The drivable electric drive range estimations may be based on any or all of a number of different factors, including, but not limited to a state of charge (SOC) of a rechargeable energy storage system or battery, total energy in the energy storage system, standard driving schedule such as an Urban Dynamometer Driving Schedule (UDDS), past or current driving behavior, past or current accessory energy consumption, weather, temperature, weight, or other factors.”, para [0037] : “In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range. For example, electric drive range impact factors 502 may include A/C 504, heating 510, driving 506, route 508, weight 512, ecological mode 514, or other factors”).
Regarding Claim 4 Yang teaches The apparatus of claim 2, wherein the controller:
determines a driving output necessary to drive the vehicle using the low-DTE vehicle speed, the high-DTE vehicle speed, and the constant-speed fuel efficiency information of the vehicle (para [0033] : “The sensors 202 may receive inputs for the estimation of electric drive range impact factors 502 (FIG. 5) which are sent to the controller 208 for processing.”, para [0037] : “As shown in FIG. 5, the drivable electric drive range estimation 308 is shown with electric drive range impact factors 502. The electric drive range impact factors 502 may also be referred to as electric coaching factors. In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range.”); and
determines a total battery output at the low-DTE vehicle speed, including the determined driving output, and a total battery output at the high-DTE vehicle speed, including the determined driving output (para [0037] : “As shown in FIG. 5, the drivable electric drive range estimation 308 is shown with electric drive range impact factors 502. The electric drive range impact factors 502 may also be referred to as electric coaching factors. In FIG. 5, the interface 500 uses values assigned to the electric drive range impact factors 502 showing either an increase or decrease in the drivable electric drive range based on the impact of each particular factor to the electric drive range.”, para [0038] : “In other embodiments, the drivable electric drive range numbers may represent a distance in miles, a distance in kilometers, a time, an energy storage system charge, or other units of measurement.”).
Regarding Claim 5 Yang teaches The apparatus of claim 4, further Yang teaches wherein the driving output comprises:
a low-DTE driving output determined to be a value corresponding to the low-DTE vehicle speed (para [0042] : “A state of charge (SOC) estimation is performed in block 604.”, Fig. 3, as it shows an estimation of a low drivable range it is inherent that a driving output is determined corresponding to the low DTE speed); and
a high-DTE driving output determined to be a value corresponding to the high-DTE vehicle speed (para [0042] : “A state of charge (SOC) estimation is performed in block 604.”, Fig. 3, as it shows an estimation of a high drivable range it is inherent that a driving output is determined corresponding to the high DTE speed).
Regarding Claim 9 Yang teaches The apparatus of claim 2, further Yang teaches wherein:
the low DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the low-DTE vehicle speed by the low-DTE total output, by the available battery energy (para [0037] : “The driving factor 506 represents how electric drive range is altered by the driving style or driving behavior of the driver of the vehicle and takes into account factors affecting level of propulsion power demands such as aggressiveness level of acceleration and deceleration of the vehicle and the average speed.”, as Yang teaches a minimum DTE as a function of an average speed (Mph) and an available charge of battery (mAh), in order to calculate a value for miles as the DTE it would be required to multiply the speed value by the available charge ([Miles*mAh]/h) and divide by a rate of discharge to net the units of Miles, or equivalent.); and
the high DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the high-DTE vehicle speed by the high-DTE total output, by the available battery energy (as Yang teaches a high DTE value as well, the calculations would be required similarly for high DTE as for low DTE).
Regarding Claim 10 Yang teaches The apparatus of claim 1, further Yang teaches wherein the controller and the display device are configured to display the low DTE value, the high DTE value, and the current DTE value through one or two or more display methods selected from among a numerical value, a display position on a graph image, a size of the graph image, and a color of the graph image so that the low DTE value, the high DTE value, and the current DTE value are compared with each other (para [0035] : “The estimated instance drivable electric drive range, maximum drivable electric drive range and minimum drivable electric drive range may be displayed in an image such as a bar graph (FIG. 3), a pie chart, a line graph, or any other graph or graphical display.”).
Regarding Claim 11 Yang teaches The apparatus of claim 10, further Yang teaches wherein the controller and the display device are configured such that, as the current DTE value is updated and changed, a display position or a color of the current DTE value in the graph image is changed between a display position or a color of the low DTE value and a display position or a color of the high DTE value and such that the changed display position or color indicates the current DTE value as a value relative to the low DTE value and the high DTE value (para [0027] : “electric drive range estimations may be dynamically displayed to provide the driver with trustable electric drive range information that may be calculated based on past or current driving trips. Data from any number of previous trips may be used. The range estimations also may be updated based on driving behavior during the current trip.”, para [0036] : “FIG. 4 illustrates another user interface 300a having a electric drive range estimation 308a that has been updated during a drive based on current data from the drive.”, Fig. 3, Fig. 4, Figs. 3-4 show an update of the current DTE value where a display position in the graph image is changed such that the display position indicates the current DTE relative to the low and high DTE value.).
Regarding Claim 12, it recites a method with limitations substantially the same as claim 1 above, therefore it is rejected for the same reason.
Regarding Claim 13, it recites a method with limitations substantially the same as claim 2 above, therefore it is rejected for the same reason.
Regarding Claim 14, it recites a method with limitations substantially the same as claim 4 above, therefore it is rejected for the same reason.
Regarding Claim 15, it recites a method with limitations substantially the same as claim 5 above, therefore it is rejected for the same reason.
Regarding Claim 19, it recites a method with limitations substantially the same as claim 9 above, therefore it is rejected for the same reason.
Regarding Claim 20, it recites a method with limitations substantially the same as claim 10 above, therefore it is rejected for the same reason.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6, 8, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Regarding Claim 6 Yang teaches The apparatus of claim 5, wherein the total battery output comprises:
a low-DTE total output as the total battery output at the low-DTE vehicle speed, the low-DTE total output being determined to be a value obtained as a function of the low-DTE driving output and a current air-conditioning output used for air-conditioning of the vehicle (para [0029] : “Range impact factors may be e.g., air conditioning, heating, driving style, route selection, vehicle weight, ecological mode, or other factors.”); and
a high-DTE total output as the total battery output at the high-DTE vehicle speed, the high-DTE total output being determined to be a value obtained as a function of the high-DTE driving output and the current air-conditioning output (para [0029] : “Range impact factors may be e.g., air conditioning, heating, driving style, route selection, vehicle weight, ecological mode, or other factors.”). However, Yang does not explicitly teach the low-DTE/high-DTE values being determined to be a value obtained by summing the DTE driving output and a current air-conditioning output.
However, as Yang teaches the determination of a total battery output, the output of the battery being the current charge state and distance to empty at each speed being a factor of vehicle speed and the use of air-conditioning, it would be obvious to one of ordinary skill in the art to sum the energy consumptions of the air-conditioning and the driving output as a well-known and standard mathematical operation to determine total energy usage of two systems requiring power.
Regarding Claim 8 Yang teaches The apparatus of claim 6, further Yang teaches wherein:
the low DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the low-DTE vehicle speed by the low-DTE total output, by the available battery energy (para [0037] : “The driving factor 506 represents how electric drive range is altered by the driving style or driving behavior of the driver of the vehicle and takes into account factors affecting level of propulsion power demands such as aggressiveness level of acceleration and deceleration of the vehicle and the average speed.”, as Yang teaches a minimum DTE as a function of an average speed (Mph) and an available charge of battery (mAh), in order to calculate a value for miles as the DTE it would be required to multiply the speed value by the available charge ([Miles*mAh]/h) and divide by a rate of discharge to net the units of Miles.); and
the high DTE value is determined to be a value obtained by multiplying a value, obtained by dividing the high-DTE vehicle speed by the high-DTE total output, by the available battery energy (as Yang teaches a high DTE value as well, the calculations would be required similarly for high DTE as for low DTE).
Regarding Claim 16, it recites a method with limitations substantially the same as claim 6 above, therefore it is rejected for the same reason.
Regarding Claim 18, it recites a method with limitations substantially the same as claim 8 above, therefore it is rejected for the same reason.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang and further in view of Diamond et al (US 20220266694 A1) henceforth referred to as Diamond.
Regarding Claim 7 Yang teaches The apparatus of claim 6, further Yang teaches wherein:
the low-DTE total output is determined to be a value obtained by adding drive range impact factor output to the value obtained by summing the low-DTE driving output and the current air-conditioning output, (para [0030] : “An electric drive range estimation may also be displayed with electric drive range impact factors, or electric drive range impact factors, that educate the driver on the impact and importance of different factors on total drivable electric drive range.”); and
the high-DTE total output is determined to be a value obtained by adding the drive range impact factor to the value obtained by summing the high-DTE driving output and the current air-conditioning output (para [0030] : “An electric drive range estimation may also be displayed with electric drive range impact factors, or electric drive range impact factors, that educate the driver on the impact and importance of different factors on total drivable electric drive range.”). However Yang does not explicitly teach use of a converter output, the converter output being a battery output that is output to electronic components of the vehicle through a converter.
However, in a similar field of endeavor (vehicle energy consumption determination) XXX teaches use of a converter output, the converter output being a battery output that is output to electronic components of the vehicle through a converter to determine energy consumption (para [0014] : “In addition to providing energy for propulsion, the traction battery 124 may provide energy for other vehicle electrical systems. The vehicle 112 may include a DC/DC converter module 128 that converts the high voltage DC output of the traction battery 124 to a low voltage DC supply that is compatible with low-voltage vehicle loads. An output of the DC/DC converter module 128 may be electrically coupled to an auxiliary battery 130 (e.g., 12V battery) for charging the auxiliary battery 130. The low-voltage systems having one or more low-voltage loads 131 may be electrically coupled to the auxiliary battery 130. One or more electrical loads 132 may be coupled to the high-voltage bus/rail. The electrical loads 132 may have an associated controller that operates and controls the electrical loads 146 when appropriate. Examples of electrical loads 132 may be a fan, an electric heating element, and/or an air-conditioning compressor. The vehicle 112 may be further configured to provide electric power supply to an external power device (not shown) via one or more power outlets (power sockets) 133 through a DC/AC converter 135. The power outlet 133 may be located inside and/or outside the vehicle cabin. For instance, the power outlet 133 may be receptacles configured to correspond to NEMA connectors used in North America, although power receptacles supporting other standards may be used under essentially the same concept. The DC/AC converter 135 may be electrically coupled between the traction battery 124 and the power outlet 133 and configured to convert the high voltage DC current from the traction battery 124 into an AC current with a corresponding voltage (e.g. 110V, 220V or the like) compatible with the external power devices.”).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to modify the system of Yang with the calculation of the converter energy usage of Diamond to increase accuracy of energy consumption by taking into account devices consuming energy/fuel connected to a converter on a vehicle.
Regarding Claim 17, it recites a method with limitations substantially the same as claim 7 above, therefore it is rejected for the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20200226850 A1: Bower teaches a driving range estimator system for a vehicle accounting for a load on the vehicle including an energy storage device configured to power the vehicle. Sensors are disposed about the vehicle and configured to detect information relevant to range estimation. A towing control unit receives detected information and determines an expected range for the vehicle with a load, and expected range for the vehicle without the load. The system includes a display to simultaneously display the expected ranges with and without the load.
US 20220203958 A1 : Park et al teach a system for setting a driving guide of an electrically operated vehicle. The system includes a terrain acquisition unit to acquire information about a current location of the vehicle, a charging location, and exiting terrain and a current terrain, a calculation unit to obtain first information about the vehicle based on acquired information, a battery state estimation unit to estimate an amount of available battery power of the vehicle, and a distant speed calculation unit to calculate a drivable distance and drivable speed for the mission vehicle based on first information, the estimated amount of battery power, and a distance from current location to a destination.
US 20140142836 A1: Yabuta teaches a cruising distance calculation apparatus for a hybrid vehicle including a motor and an engine for driving a generator. The apparatus includes a traveling mode decision unit that decides in which one of traveling modes the vehicle is traveling, the traveling modes including an EV traveling mode and series traveling mode. The system includes an electricity consumption calculation unit that calculates an electric power consumption amount of the batter based on electric power consumption of the battery.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D.H./Examiner, Art Unit 3668
/BRIAN P SWEENEY/Primary Examiner, Art Unit 3668