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 .
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Status of the Claims
This is a Final Office Action in response to Applicant’s amendment of 20 October 2025. Claims 1, 3-9 and 11-20 are pending and have been considered as follows.
Response to Amendment and/or Arguments
Applicant’s amendments and/or arguments with respect to the Claim Rejections of Claims 1-20 under 35 U.S.C. 112(a)-(b) as set forth in the office action 31 July 2025 have been considered and are persuasive. Therefore, the Claim Rejections of Claims 1-20 under 35 U.S.C. 112(a)-(b) as set forth in the office action 31 July 2025 have been withdrawn.
Applicant’s arguments with respect to claim(s) 1, 8 and 15 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.
Applicant’s amendments and/or arguments with respect to the Claim Rejection of Claims 1-20 under 35 USC 101 as set forth in the office action of 31 July 2025 have been considered and are NOT persuasive. Specifically Applicant argues (Page 8 of Applicant’s Remarks dated 20 October 2025):
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The Examiner’s Response:
Applicant argues that the limitation “wherein the vehicle processor is configured to navigate the vehicle …along the alternative route” constitutes a practical application of the alleged abstract idea because it results in the “physical autonomous navigating of the vehicle”. The Examiner has carefully considered Applicant’s argument and respectfully disagrees (particularly in view of the specification) for at least the following reasons:
The claim does not recite autonomous navigation operations even though Applicant characterizes the navigation as autonomous. The limitation merely states that the vehicle processor is configured to navigate the vehicle which does not recite vehicle control, actuation or decision execution.
While the specification states that the vehicle may be an electric vehicle with autonomous or semi-autonomous capabilities ([0035]), the specification does not disclose autonomously navigating the vehicle along an alternative route determined by battery efficiency data or autonomously altering a departure time or any control loop/logic between the efficiency analysis and vehicle actuation and/or control. Accordingly, the navigation step is not described as a technical improvement to vehicle operation, but a conventional use of routing information.
The navigation step remains as post-solution activity that occurs after the abstract determination of an alternative route or time, and merely applies the result of the abstract analysis; and as such, the limitation “wherein the vehicle processor…alternative route” constitutes insignificant post-solution activity.
Accordingly, the navigation limitation constitutes insignificant post-solution activity and the claim remains directed to an abstract idea. The 35 U.S.C. 101 rejection is therefore maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-9 and 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 (similarly Independent claims 8 and 15) recites limitation “wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route” which is subject matter that was not explicitly or inherently supported from the original specification and/or drawings.
The original specification is completed silent in regards to the limitation “wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route”. The published specification merely states that “[0035]… The vehicle 10 , described below, is contemplated to be an electric vehicle (EV) with autonomous or semi-autonomous capabilities…”. The specification describes monitoring battery data, collecting weather data and efficiency data, identifying battery loss factors and presenting battery predictions (and/or alternative route/departure time to a user. The specification is completely silent in regards to vehicle processor navigating the vehicle based on the alternative route or alternative departure time and further, there’s no disclosure of control logic linking battery efficiency data to vehicle navigation control. Per broadest reasonable interpretation in the art and the lack of specificity from the specification. The newly amended limitation “wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route” was not supported from the original disclosure. Accordingly, the Examiner believes that Applicant has not demonstrated to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims 3-7, 9, 11-14 and 16-20 are dependent upon claims 1, 8 and 15 are also rejected under 112 first paragraph by the fact that they are dependent upon the rejected claims 1, 8 and 15
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.
Claim 1, 3-9, and 11-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
101 Analysis – Step 1 – YES
Claims 1, 8 and 15 are directed to a battery monitoring system. Therefore, claims 1, 8 and 15 are within at least one of the four statutory categories.
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 follow 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 an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. The other analogous claims 8 and 15 are rejected for the same reasons as the representative claim 1 as discussed here. Claim 1 recites:
A battery monitoring system for a vehicle traveling along a route, the battery monitoring system comprising:
a vehicle processor storing battery data including battery capacity and battery range;
a user device communicatively coupled with the vehicle processor and including data processing hardware storing a weather application and a battery monitoring application configured to receive the battery data from the vehicle processor and weather data from the weather application; and
a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user devices associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device;
wherein the battery monitoring application configured to present a user with battery predictions based on the battery data and the battery efficiency data, and
determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor configured to navigate the vehicle based on the alternative departure time or along the alternative route.
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. For example, the bolded limitation can be performed by a human, e.g., a person/driver, planning a car trip, looks at the dash board or battery monitor app on his/her phone to see how much charge and driving distance are left/available (corresponds to storing battery data including…range); he/she then checks the weather app and battery range app on his/her phone (corresponds to storing a weather application…from the weather application); he/she may also checks/reads other apps or online forums (or may receive a notification from apps) where other EV drivers discussed how some particular route drained their EV battery fast due to some environmental/surrounding conditions of the route and concludes that battery drains faster driving uphill or into headwinds (corresponds to monitor battery efficiency data…along the route…to the user device); he/she may estimate the vehicle will have 10% left upon arrival if traveling to the destination via the route (corresponds to wherein the monitoring app…battery prediction…battery efficiency data); he/she decides he should leave at a later time so the vehicle can be charged or avoiding traffic or taking a different route that has less elevated road segments (corresponds to determine…alternative route); and he/she travels to the destination by following different route or departing later using navigation app for route guidance.
Examiner would also note MPEP 2106.04(a)(2)(III): The courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same). Accordingly, the "mental processes" abstract idea grouping is defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions. Here, the determination is a form of making evaluation and judgement based on observation (driver behavior).
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 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”):
A battery monitoring system for a vehicle traveling along a route, the battery monitoring system comprising:
a vehicle processor storing battery data including battery capacity and battery range;
a user device communicatively coupled with the vehicle processor and including data processing hardware storing a weather application and a battery monitoring application configured to receive the battery data from the vehicle processor and weather data from the weather application; and
a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user devices associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device;
wherein the battery monitoring application configured to present a user with battery predictions based on the battery data and the battery efficiency data, and
determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor configured to navigate the vehicle based on the alternative departure time or along the alternative route.
For the following reason(s), the examiner submits that the above identified limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitation of receiving data and transmitting data, the examiner submits that these limitation are insignificant extra-solution activities that merely uses a computer (processor/server) to perform the process. In particular, the “…configured to navigate the vehicle…alternative route” limitation is a post-solution activity solution (e.g. navigating the vehicle based on the chosen route is equivalent to following GPS directions after deciding where to go via what route); and amounts to mere post processing which is a form of insignificant extra-solution activity. Lastly, the claims further recite “processor”, “user device” and “sever” merely describes how to generally “apply” the otherwise abstract ideas and/or additional limitations in a generic or general-purpose computer environment, where processor and server are recited as generic processor performing a generic computer function of acquiring data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component and merely automates the steps.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impost any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 do 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 to 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 limitations of “a processor” and “server” of claims, the examiner submits that the processor is recited at a high-level of generality (i.e. as a generic computer component performing generic calculation) such that it amounts no more than mere instruction to apply the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations discussed above are insignificant extra-solutions activities.
As explained, the additional elements are recited at a high level of generality to simply implement the abstract idea and are not themselves being technologically improved. See, e.g., MPEP §2106.05; Alice Corp. v. CLS Bank, 573 U.S., 208,223 (“[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention”). Electric Power Group, LLC v, Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016) (Selecting information for collection, analysis and display constitute insignificant extra-solution activity). Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1243-44, 120 USPQ2d 1844, 1855-57 (Fed. Cir. 2016)( Generating a second menu from a first menu and sending the second menu to another location as performed by generic computer components). Hence, the claims are not patent eligible.
Dependent Claims
Dependent claims 3-7, 9, 11-14 and 16-20 do not recite any further limitations that causes the claims to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial except and/or additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 3-7, 9, 11-14 and 16-20 are not patent eligible under the same rationale as provided for in the rejection of claim 1.
As such, claims 1, 3-9, and 11-20 are rejected under 35 USC § 101 as being drawn to an abstract idea without significant more, and thus are ineligible.
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.
Claim(s) 1, 3-9, 15-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2022/0097557 A1 hereinafter Lee) in view of Choi et al. (US 2018/0066958 A1 hereinafter Choi) and Lee (US 2024/0060787 A1 hereinafter Lee’787).
Regarding Claim 1, Lee teaches A battery monitoring system for a vehicle traveling along a route(see at least Fig. 11 5 Abstract), the battery monitoring system comprising:
a vehicle processor storing battery data including battery capacity and battery range; (see at least Fig. 2, 11)
a user device communicatively coupled with the vehicle processor and including data processing hardware storing a weather application and a battery monitoring application configured to receive the battery data from the vehicle processor and weather data from the weather application; (see at least Fig. 2-11, 16 [0043-0125]: the user terminal is for displaying, on a screen, pieces of information acquired on the basis of estimation of battery consumption by the arrival information provision unit 235 , the charging information provision unit 236 , the battery consumption map provision unit 237 , the component power information provision unit 238 , and the road hazard information provision unit 239 . The road hazard information provision unit 239 is for displaying, on a map, information on a road dangerous to drive the electric vehicle. When the road weather information forecasted by the road weather information generation unit 234 exceeds a predetermined hazard level, information on this is displayed on the user terminal 3 .)
a server communicatively coupled to the vehicle processor and the user device (see at least Fig. 2) and configured to monitor battery efficiency data from one or more third-party processors (see at least Fig. 2-10 [0074-0125]: the vehicle information collection unit collects weather information and travel information for each location of the vehicle(s) so as to form big data. The information provision server 23 analyzes the battery consumption characteristics according to types of vehicle and battery, topography, a driving pattern, weather information, and road weather information so as to estimate battery consumption depending on a path. The battery status estimation unit 231 analyzes the big data collected and stored by the data collection server 21 , by using a machine learning technique, so that a correlation of the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information is derived.), the server configured to transmit the battery efficiency data to the user device, wherein the battery monitoring application is configured to present a user with battery predictions based on the battery data and the battery efficiency data, and (see at least Fig. 2-10 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information.)
it may be alleged that Lee does not explicitly show a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user device associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device,
determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Choi is directed to system and method for estimating available driving distance of electric vehicle, Choi teaches a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user device associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device, (see at least Fig. 1-4 [0027-0059]: The telematics server may be configured to define each road, and receive, in real time, information regarding a battery consumption rate, at which an arbitrary electric vehicle traveling on the defined road consumes the battery through a corresponding section, and environment information of the corresponding section, from the telematics terminal of the vehicle. a database for all information regarding vehicles traveling on the defined road may be generated. The calculation unit may be configured to calculate the available driving distance of the vehicle, using the calculated driving fuel efficiency, in consideration of the remaining battery capacity of the vehicle. )
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee’s information provision service system for electric vehicle to incorporate the technique of monitoring and acquiring battery efficiency data that represents changes in battery discharge rate along the route from third-party electric vehicles as taught by Choi with reasonable expectation of success to provide a system and method that is able to more accurately estimate and available driving distance of a traveling electric vehicle (Choi [0002]).
The combination of Lee in view of Choi does not explicitly teach determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches determine, based on the battery efficiency data, an alternative departure time or an alternative route (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.), and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route. (see at least [0140]: The smart device may set the recommended route for the destination by applying navigation information and real-time traffic information provided from the external server to the analyzed result, and guide the user to the set recommended route.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route in response to the one or more battery efficiency data and guiding a vehicle toward destination along the alternative route as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 3, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 1, Lee further teaches wherein the user device includes a navigation application configured to display a route, and the battery monitoring application is configured to communicate with the navigation application and to present the battery range along the route. (see at least Fig. 14 [0014-0040]: the information provision server may include a battery consumption map provision unit for displaying a vehicle-drivable range based on a current battery status of the vehicle, the battery consumption map provision unit may include: a vehicle-drivable path finding module finding vehicle-drivable paths with a current location of the vehicle in the center; a battery consumption information calculation module computing battery consumption information for each of the paths through the battery status estimation unit; a battery status information reception module receiving information on the current battery status of the vehicle; a reference value setting module setting a reference value for battery state-of-charge; and a reference value-based region display module for displaying a vehicle-drivable region based on the set reference value.
Regarding Claim 4, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 3, Lee further teaches wherein the server is configured to identify one or more battery inefficiencies from the one or more third-party processors along the route. (see at least [0012-0100]: The system generating and providing frost, fog, and flooding forecast information that directly affect travel of the electric vehicle. The topographic information on a road may store various types of topographic information that might affect the battery consumption characteristics of the electric vehicle.)
Regarding Claim 5, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 4,
The combination of Lee in view of Choi does not explicitly teach wherein the battery monitoring application is configured to determine an alternate route in response to the one or more identified inefficiencies.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches wherein the battery monitoring application is configured to determine an alternate route in response to the one or more identified inefficiencies. (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route in response to the one or more identified inefficiencies as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 6, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 5,
The combination of Lee in view of Choi does not explicitly teach wherein the alternate route is an efficiency route.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches wherein the alternate route is an efficiency route. (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route that’s an efficiency route in response to the one or more identified inefficiencies as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 7, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 1, Lee further teaches wherein the battery monitoring application is configured to predict a battery efficiency for the vehicle based on the weather data. (see at least [0012-0040]: the system collects weather information and travel information of a vehicle by using a vehicle sensor attached to the vehicle, collects observation and forecast weather information from an external weather system, collects and stores topographic information on the slope, curve, and road surface of a vehicle travel path, and computes battery consumption and a distance to empty for the electric vehicle through an analysis of big data of the stored information.)
Regarding Claim 8, Lee teaches A battery monitoring system for a vehicle traveling along a route, (see at least Fig. 11 5 Abstract), the battery monitoring system comprising:
a vehicle processor storing battery data; (see at least Fig. 2, 11)
a user device communicatively coupled with the vehicle processor and including data processing hardware storing a weather application and a navigation application(see at least Fig. 2-11, 16 [0043-0125]: the user terminal is for displaying, on a screen, pieces of information acquired on the basis of estimation of battery consumption by the arrival information provision unit 235 , the charging information provision unit 236 , the battery consumption map provision unit 237 , the component power information provision unit 238 , and the road hazard information provision unit 239 . The road hazard information provision unit 239 is for displaying, on a map, information on a road dangerous to drive the electric vehicle. When the road weather information forecasted by the road weather information generation unit 234 exceeds a predetermined hazard level, information on this is displayed on the user terminal 3 .), a battery monitoring application configured to: receive the battery data from the vehicle processor and weather data from the weather application (see at least Fig. 2-11, 16 [0043-0125]: the user terminal is for displaying, on a screen, pieces of information acquired on the basis of estimation of battery consumption by the arrival information provision unit 235 , the charging information provision unit 236 , the battery consumption map provision unit 237 , the component power information provision unit 238 , and the road hazard information provision unit 239 . The road hazard information provision unit 239 is for displaying, on a map, information on a road dangerous to drive the electric vehicle. When the road weather information forecasted by the road weather information generation unit 234 exceeds a predetermined hazard level, information on this is displayed on the user terminal 3 .),
present a user with battery efficiency options based on the battery data and the weather data; (see at least Fig. 2-11, 14, 16 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information. Figures 11, 14 and 16 illustrates information (e.g. estimated power consumption for arriving a destination, battery consumption map, component power consumption) presented to a user via a user terminal display wherein the information are computed based on vehicle battery data, weather data, topographic information, and other information) and
it may be alleged that Lee does not explicitly show a battery monitoring application configured to: receive the battery data from the vehicle processor, weather data from the weather application, and battery efficiency data from one or more third-party processors or user devices associated with other vehicles traveling along the route, wherein the battery efficiency data represents a plurality of factors affecting battery efficiency along the route;
determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Choi is directed to system and method for estimating available driving distance of electric vehicle, Choi teaches a battery monitoring application configured to: receive the battery data from the vehicle processor, weather data from the weather application, and battery efficiency data from one or more third-party processors or user devices associated with other vehicles traveling along the route, wherein the battery efficiency data represents a plurality of factors affecting battery efficiency along the route; (see at least Fig. 1-4 [0027-0059]: The telematics server may be configured to define each road, and receive, in real time, information regarding a battery consumption rate, at which an arbitrary electric vehicle traveling on the defined road consumes the battery through a corresponding section, and environment information of the corresponding section, from the telematics terminal of the vehicle. a database for all information regarding vehicles traveling on the defined road may be generated. The calculation unit may be configured to reflect environment information of the traveling vehicle, in the data regarding the corresponding section constructed in the data base (e.g. driving speed from traffic information, ambient temperature from meteorological server, etc.) calculate the available driving distance of the vehicle, using the calculated driving fuel efficiency, in consideration of the remaining battery capacity of the vehicle. )
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee’s information provision service system for electric vehicle to incorporate the technique of monitoring and acquiring battery efficiency data that represents changes in battery discharge rate along the route from third-party electric vehicles as taught by Choi with reasonable expectation of success to provide a system and method that is able to more accurately estimate and available driving distance of a traveling electric vehicle (Choi [0002]).
The combination of Lee in view of Choi does not explicitly teach determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches determine, based on the battery efficiency data, an alternative departure time or an alternative route (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.), and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route. (see at least [0140]: The smart device may set the recommended route for the destination by applying navigation information and real-time traffic information provided from the external server to the analyzed result, and guide the user to the set recommended route.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route in response to the one or more battery efficiency data and guiding a vehicle toward destination along the alternative route as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 9, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 8,
The combination of Lee in view of Choi does not explicitly teach wherein the battery efficiency options include one or more of the alternate departure time, or the alternate route.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches wherein the battery efficiency options include one or more of the alternate departure time, or the alternate route. (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route in response to the one or more identified inefficiencies as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 15, Lee teaches A battery monitoring system for a vehicle (see at least Fig. 11 5 Abstract), the battery monitoring system comprising:
a vehicle processor storing battery data; (see at least Fig. 2, 11)
a user device communicatively coupled with the vehicle processor and including data processing hardware storing a navigation application(see at least Fig. 2-11, 16 [0043-0125]: the user terminal is for displaying, on a screen, pieces of information acquired on the basis of estimation of battery consumption by the arrival information provision unit 235 , the charging information provision unit 236 , the battery consumption map provision unit 237 , the component power information provision unit 238 , and the road hazard information provision unit 239 . The road hazard information provision unit 239 is for displaying, on a map, information on a road dangerous to drive the electric vehicle. When the road weather information forecasted by the road weather information generation unit 234 exceeds a predetermined hazard level, information on this is displayed on the user terminal 3 .) and a battery monitoring application configured to receive the battery data from the vehicle processor and navigation data from the navigation application (see at least Fig. 2-11, 16 [0043-0125]: the user terminal is for displaying, on a screen, pieces of information acquired on the basis of estimation of battery consumption by the arrival information provision unit 235 , the charging information provision unit 236 , the battery consumption map provision unit 237 , the component power information provision unit 238 , and the road hazard information provision unit 239 . The road hazard information provision unit 239 is for displaying, on a map, information on a road dangerous to drive the electric vehicle. When the road weather information forecasted by the road weather information generation unit 234 exceeds a predetermined hazard level, information on this is displayed on the user terminal 3 .),
a server communicatively coupled to the user device (see at least Fig. 2) and configured to receive navigation data and to monitor battery efficiency data from one or more third-party processors based on navigation data (see at least Fig. 2-10 [0074-0125]: the vehicle information collection unit collects weather information and travel information for each location of the vehicle(s) so as to form big data. The information provision server 23 analyzes the battery consumption characteristics according to types of vehicle and battery, topography, a driving pattern, weather information, and road weather information so as to estimate battery consumption depending on a path. The battery status estimation unit 231 analyzes the big data collected and stored by the data collection server 21 , by using a machine learning technique, so that a correlation of the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information is derived.), the server being configured to transmit the battery efficiency data to the user device and the battery monitoring application configured to present a user with revised efficiency options based on the battery data and the battery efficiency data. (see at least Fig. 2-10 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information.)
it may be alleged that Lee does not explicitly show a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user device associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device,
determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Choi is directed to system and method for estimating available driving distance of electric vehicle, Choi teaches a server communicatively coupled to the vehicle processor and the user device and configured to monitor battery efficiency data from one or more third-party vehicle processors or user device associated with other vehicles traveling along the route, wherein the battery efficiency data represents changes in battery discharge rate along the route, the server configured to transmit the battery efficiency data to the user device, (see at least Fig. 1-4 [0027-0059]: The telematics server may be configured to define each road, and receive, in real time, information regarding a battery consumption rate, at which an arbitrary electric vehicle traveling on the defined road consumes the battery through a corresponding section, and environment information of the corresponding section, from the telematics terminal of the vehicle. a database for all information regarding vehicles traveling on the defined road may be generated. The calculation unit may be configured to calculate the available driving distance of the vehicle, using the calculated driving fuel efficiency, in consideration of the remaining battery capacity of the vehicle. )
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee’s information provision service system for electric vehicle to incorporate the technique of monitoring and acquiring battery efficiency data that represents changes in battery discharge rate along the route from third-party electric vehicles as taught by Choi with reasonable expectation of success to provide a system and method that is able to more accurately estimate and available driving distance of a traveling electric vehicle (Choi [0002]).
The combination of Lee in view of Choi does not explicitly teach determine, based on the battery efficiency data, an alternative departure time or an alternative route, and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route.
Lee’787 is directed system and method for controlling charging state of an electric vehicle, Lee’787 teaches determine, based on the battery efficiency data, an alternative departure time or an alternative route (see at least [0011-0030, 0081-0107, 0130-0132]: determining the plurality of driving routes includes analyzing each of the plurality of driving routes based on navigation information and real-time traffic information provided from an external server, and determining one of the plurality of driving routes as a recommended route based on a result of the analyzing.), and
wherein the vehicle processor is configured to navigate the vehicle based on the alternative departure time or along the alternative route. (see at least [0140]: The smart device may set the recommended route for the destination by applying navigation information and real-time traffic information provided from the external server to the analyzed result, and guide the user to the set recommended route.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee and Choi to incorporate the technique of determine an alternate route in response to the one or more battery efficiency data and guiding a vehicle toward destination along the alternative route as taught by Lee’787 with reasonable expectation of success to help maximize the distance that can be traveled by the electric vehicle and maintaining a more consistent discharge rate of the battery to preserve long-term battery health.
Regarding Claim 16, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 15, Lee further teaches wherein the user device includes a weather application including weather data, the battery monitoring application is configured to determine a battery efficiency option in response to the weather data. (see at least Fig. 2-11, 14, 16 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information. Figures 11, 14 and 16 illustrates information (e.g. estimated power consumption for arriving a destination, battery consumption map, component power consumption) presented to a user via a user terminal display wherein the information are computed based on vehicle battery data, weather data, topographic information, and other information)
Regarding Claim 18, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 15,
Lee further teaches wherein the battery monitoring application is configured to identify a first route and a second route based on the navigation data and the battery data. (see at least Fig. 2-16 [0026-0125]: The information provision server may include an arrival information provision unit computing the battery consumption based on a destination of the vehicle through the battery status estimation unit and providing the distance to empty and battery state-of-charge information at the destination, wherein the arrival information provision unit may include: an arrival location information reception module receiving arrival location information from the user terminal; a travel path finding module finding paths between a current location and an arrival location; a path-based battery consumption computation module computing the battery consumption of each of the found paths; an arrival-based distance-to-empty computation module computing and for displaying the distance to empty at an arrival point according to the battery consumption of each of the paths; and an arrival-based battery state-of-charge display module for displaying battery state-of-charge.)
Regarding Claim 19, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 18,
Lee further teaches wherein the battery monitoring application is configured to compare the battery efficiency data from the server with each of the first route and the second route. (see at least Fig. 2-16 [0026-0125]: The information provision server may include an arrival information provision unit computing the battery consumption based on a destination of the vehicle through the battery status estimation unit and providing the distance to empty and battery state-of-charge information at the destination, wherein the arrival information provision unit may include: an arrival location information reception module receiving arrival location information from the user terminal; a travel path finding module finding paths between a current location and an arrival location; a path-based battery consumption computation module computing the battery consumption of each of the found paths; an arrival-based distance-to-empty computation module computing and for displaying the distance to empty at an arrival point according to the battery consumption of each of the paths; and an arrival-based battery state-of-charge display module for displaying battery state-of-charge.)
Regarding Claim 20, the combination of Lee in view of Choi and Lee’787 The battery monitoring system of claim 19,
Lee further teaches wherein the battery monitoring application is configured to present one of the first route and the second route as an efficiency route in response to the battery efficiency data. (see at least Fig. 2-16 [0026-0125]: The arrival information provision unit 235 estimates battery consumption for each travel path, providing travel paths for a particular destination. In particular, as shown in FIG. 11 , the arrival information provision unit 235 is for displaying a distance to empty and battery stage-of-charge at a destination, so that a vehicle state after reaching the destination is accurately determined)
Claim(s) 11-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Choi, Lee’787 and Lei et al. (US 2017/006746 A1 hereinafter Lei).
Regarding Claim 11, the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 9,
the combination of Lee in view of Choi and Lee’787 does not explicitly teach wherein the battery monitoring application is configured to determine alternate route and the alternate departure time in response to navigation data from the navigation application.
Lei is directed method and system for recommending power-saving vehicular utilization changes, Lei teaches wherein the battery monitoring application is configured to determine alternate route and the alternate departure time in response to navigation data from the navigation application. (see at least Fig. 2- 5 Abstract [0028-0048]: determine a traffic level based on the received time for the received route. The processor is further configured to determine a vehicle charge level and recommend a new route and/or departure time if the vehicle charge level is projected to be sufficient to achieve travel-completion based on the new route or departure time in accordance with the recommendation.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee, Choi and Lee’787 to incorporate the technique of recommending a change in route and/or departure time as taught by Lei with reasonable expectation of success and doing so would preserve additional vehicle power as well as achieving a more time-efficient journey to a destination (Lei [0029]).
Regarding Claim 12, the combination of Lee in view of Choi, Lee’787 and Lei teaches The battery monitoring system of claim 11,
Lee further teaches wherein the battery monitoring application is configured to determine the battery efficiency options based on the battery data, the weather data, and the navigation data. (see at least Fig. 2-11, 14, 16 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information. Figures 11, 14 and 16 illustrates information (e.g. estimated power consumption for arriving a destination, battery consumption map, component power consumption) presented to a user via a user terminal display wherein the information are computed based on vehicle battery data, weather data, topographic information, and other information)
Regarding Claim 13, the combination of Lee in view of Choi, Lee’787 and Lei teaches The battery monitoring system of claim 12,
Lee further teaches wherein the navigation data includes a route and traffic data; and the battery monitoring application is configured to determine an efficiency of the route based on at least one of the weather data and the traffic data. (see at least Fig. 2-11, 14, 16 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information. Figures 11, 14 and 16 illustrates information (e.g. estimated power consumption for arriving a destination, battery consumption map, component power consumption) presented to a user via a user terminal display wherein the information are computed based on vehicle battery data, weather data, topographic information, and other information)
Regarding Claim 14, the combination of Lee in view of Choi, Lee’787 and Lei teaches The battery monitoring system of claim 13,
Lee further teaches further including a server configured to identify third-party processors along the route and to transmit third-party efficiency data to the battery monitoring application. (see at least Fig. 2-10 [0074-0125]: the management server predicts and provides a battery state and available driving distance of an electric vehicle by using the information measured by the vehicle sensor, considering weather information and topographic information based on a path, and estimates a battery status through an analysis of big data stored by a management server that correlates the battery consumption characteristics with types of vehicle and battery, topography, a driving pattern, weather information, and road weather information.)
Regarding Claim 17 the combination of Lee in view of Choi and Lee’787 teaches The battery monitoring system of claim 16,
the combination of Lee in view of Choi and Lee’787 does not explicitly teach wherein the battery efficiency option includes an alternate departure time.
Lei is directed method and system for recommending power-saving vehicular utilization changes, Lei teaches wherein the battery efficiency option includes an alternate departure time. (see at least Fig. 2- 5 Abstract [0028-0048]: determine a traffic level based on the received time for the received route. The processor is further configured to determine a vehicle charge level and recommend a new route and/or departure time if the vehicle charge level is projected to be sufficient to achieve travel-completion based on the new route or departure time in accordance with the recommendation.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lee, Choi and Lee’787 to incorporate the technique of recommending a change in route and/or departure time as taught by Lei with reasonable expectation of success and doing so would preserve additional vehicle power as well as achieving a more time-efficient journey to a destination (Lei [0029]).
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 DANA F ARTIMEZ whose telephone number is (571)272-3410. The examiner can normally be reached M-F: 9:00 am-3:30 pm EST.
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/DANA F ARTIMEZ/ Examiner, Art Unit 3667
/FARIS S ALMATRAHI/ Supervisory Patent Examiner, Art Unit 3667