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 .
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al (US 7154068) in view of Schwarz et al (US 20120261397).
Regarding claim 1, Zhu discloses a heater control apparatus (Figure 1 using Figure 2. Column 3, lines 17-19) used in a vehicle (The vehicle in Column 2, lines 39-43) equipped with a plurality of battery packs (Figure 2; 40, 42 and the relay from these packs to 36) and a battery heater (Figure 2; Heater Element) for heating the plurality of battery packs, the plurality of battery packs including a high-voltage relay (The relay from Figure 2; 38 to 263. Column 3, lines 5-9), the battery heater operating by power supply from the plurality of battery packs (Column 3, lines 5-9), the heater control apparatus comprising:
a determination section (The battery temperature sensors of Column 4, lines 25-29 and Figure 3; 62) configured to acquire first temperature information (Functional Language, The temperature information acquired from the battery temperature sensors of Column 4, lines 25-29) when the vehicle is brought into an unactuated state (Functional Language, The vehicle is in an unactuated state. Column 3, lines 37-39), the first temperature information indicating a temperature of an available battery pack (The temperature sensor indicates temperature of both Figure 2; 40 and 42. Either Figure 2; 40 or 42 is the available battery pack) of the plurality of battery packs to which the high-voltage relay is not yet connected (Figure 3; 62 occurs before 74, so that the high-voltage relay is not yet connected) and that is capable of being charged and discharged (Functional Language, the high voltage relay can be charged and discharged due to Figure 1; 28), the determination section being configured to determine whether or not the first temperature information indicates a temperature (The temperature from the first temperature information. Column 3, lines 37-39) equal to or lower than a predetermined threshold (Functional Language, The predefined threshold of Column 3, lines 37-39); and
a control section (Figure 3; 74 which turns Figure 1; 28 on or off. Column 3, lines 1-3) configured to, when the first temperature information indicated the temperature equal to or lower than the predetermined threshold, connect the high-voltage relay to the available battery pack (Functional Language, Figure 3).
Zhu does not disclose the control section acquire second temperature information indicating the temperature of the available battery pack in a state where the high-voltage relay is connected to the available battery pack and control a heating operation of the battery heater based on the second temperature information.
However, Schwarz teaches a control section (Figure 2; 180 back to 120, Paragraph 0036) acquire second temperature information (The temperature information at Figure 2; 180, Paragraph 0036) indicating a temperature (The temperature from the second temperature information, Paragraph 0036) of an available battery pack (Figure 1; 60) in a state where a high-voltage relay (The high-voltage relay for cycling electrical current in and out of the battery, Paragraph 0023, 0030) is connected to the available battery pack and control a heating operation (The heating operation of Paragraph 0036) of the battery heater based on the second temperature information (Functional Language, Paragraph 0036).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Zhu wherein the control section acquire second temperature information indicating the temperature of the available battery pack in a state where the high-voltage relay is connected to the available battery pack and control a heating operation of the battery heater based on the second temperature information as taught by and suggested by Schwarz in order to determine if the battery is sufficiently heated or requires1- further heating (Paragraph 0036, The modification checks the temperature of the battery during heating).
Regarding claim 2, Zhu in view of Schwarz teaches the invention as claimed.
Zhu further discloses wherein after the vehicle is brought into the unactuated state, the determination section periodically acquires the first temperature information and determines whether or not the first temperature information indicates the temperature equal to or lower than the threshold (Column 3, lines 58-62).
Regarding claim 3, Zhu in view of Schwarz teaches the invention as claimed.
Zhu further discloses wherein the determination section acquires the first temperature information from a battery management apparatus (The battery temperature sensors of Column 4, lines 25-29 and Figure 3; 74) configured to manage a state of each of the plurality of battery packs (Functional Language, the state of each battery. The invention of Zhu is capable of meeting the functional language).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN G KANG whose telephone number is (571)272-9814. The examiner can normally be reached Mon-Fri 8:00-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN KANG/Primary Examiner, Art Unit 3741
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