DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 March 2026 has been entered.
Therein, Applicant amended claim 1; Applicant cancelled claims 2-20. Claims 21-28 were newly added. The submitted claims have been entered and are considered below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 28 April 2026 is being considered by the examiner.
Response to Amendments/Arguments
Applicant’s arguments with respect to claims 1 and 21-28 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.
Claim Rejections - 35 USC § 102
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.
Claims 1, 22, and 24-28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Balogh (U.S. Patent No. 8,836,544).
For claim 1, Balogh discloses a display system for a vehicle which can perform boost traveling, comprising: a display (see Fig. 4) displaying a boost information image including a boost limitation condition information image indicating boost limitation condition information (see Fig. 4, #152, 154, Fig. 21, #124); and a circuitry (see p42-43, col. 10:10-43) controlling display of the display to change a display area of the boost limitation condition information image in accordance with a limitation condition in the boost traveling (see Fig. 21, #124, changes from Fig. 20, #124); and wherein the boost traveling is in a state where output characteristics are changed so that an acceleration performance is increased compared with a boost standby state (see p53 col. 12:41-49), the boost traveling limits a time for which the boost traveling can be continued to be shorter compared with the boost standby state (see Fig. 21, #124, changes from Fig. 20, #124), the boost limitation condition information is an amount relating to a remaining time for which the boost traveling can be continued (see Fig. 21, #124), the boost limitation condition information is determined related to a travel part of the boost traveling (see Figs. 15-17, #156/152, see col. 9:43-65) p40), and the circuitry controls display of a battery remaining amount image indicating a remaining amount of a battery separately from the boost limitation condition information (see Fig. 21, #124, #156/152, see col. 12:21-49 p52-p53).
With regards to claim 22, Balogh further discloses wherein the boost limitation condition information is set in accordance with increase of a thermal load or a mechanical load of a travel drive source, a travel drive circuit or a battery caused by the boost traveling (see col. 12:21-40, #152/154 determine boost time).
Pertaining to claim 24, Balogh further teaches wherein the circuitry changes the display form of the boost limitation condition information image between the boost mode state and the boost standby state (see #124, Fig. 20, boost standby to Fig. 21, boost mode).
With reference to claim 25, Balogh further discloses wherein the circuitry determines that the boost cannot be performed when the battery remaining amount is smaller than a first reference value (col. 9:66 to 10:9, if electric drive not possible, boost not possible), determines that the output limitation boost can be performed when the battery remaining amount is larger than the first reference value and smaller than a second reference value (see col. 9:14-65, Figs. 7-9, #152/156, usable between 95% and 56%) and determines that the boost can be performed when the battery remaining amount is larger than the second reference value (see Fig. 15, #152/156, used above 98%).
Regarding claim 26, Balogh further discloses wherein the circuitry changes a display area of the boost limitation condition information image between a case where the output limitation boost can be performed and a case where the boost can be performed (see Figs. 17 and 21, #124).
For claims 27 and 28, they contain substantially similar elements and subject matter to what is claimed in claim 1. Accordingly, claims 27 and 28 are rejected based on the citations and reasoning outlined above for claim 1.
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.
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.
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Balogh (U.S. Patent No. 8,836,544) as applied to claim 1 above, and in view of Sheidler, et al. (U.S. Patent Publication No. 2014/0277877).
Referring to claim 21, Balogh further teaches wherein the boost limitation condition information is calculated by plural combination of a remaining time for which the boost traveling can be continued (see Fig. 21, #124), a power amount which can be consumed by the boost traveling (see Fig. 21, #152/154). Balogh does not explicitly disclose the remaining two elements. However, as Balogh teaches power amount consumed, within that data the value for current consumed may be obtained via a well known formula. It would have been obvious to one of ordinary skill in the art at the effective date of filing to use consumed current for determining the boost limitation value based on the motivation to improve conveying operational characteristics of the respective propulsion system to an operator of the vehicle (see col. 1:35-40).
Balogh does not explicitly disclose using temperature to determine the boost limitation. However, a teaching from Sheidler discloses the temperature which can be increased by the boost traveling (see para. 0050, discharge temperature determines SOC; SOC used in Balogh). It would have been obvious to one of ordinary skill in the art at the effective date of filing to modify Balogh to include the teaching of Sheidler based on a reasonable expectation of success and on the motivation to improve a vehicle enabled by energy storage that is managing the charge of the battery pack to maximize its life while at the same time achieving a useful increase in power (see para. 0006).
Pertaining to claim 23, Sheidler further discloses wherein the boost limitation condition information is set in accordance with a difference in temperature which can be increased by the boost traveling (see para. 0050, discharge temperature determines SOC; SOC used in Balogh).
Conclusion
Examiner previously stated at the end of the previous rejection that Applicant is considered to have implicit knowledge of the entire disclosure once a reference has been cited. The cited figures, columns and lines should not be considered the only relevant teachings. The entire reference must be taken as a whole. This includes any teachings within the reference that were not explicitly cited in the previous Office action. Any new citation of additional teachings of the previously cited art is not a new ground of rejection. Taking the references as a whole, the art supports the new rejection of the currently amended claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D TISSOT whose telephone number is (571)270-3439. The examiner can normally be reached 8:00-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached at (571) 272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM D TISSOT/ Primary Examiner, Art Unit 3663
Prosecution Insights