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 .
Status of Claims
This final rejection is in response to Applicant’s amended filing of 02/04/2026.
Claims 1-5, 7-18, and 20-22 are currently pending and have been examined. Applicant has amended claims 1-5, 11, 13-16, 18, and 20; canceled claims 6 and 19; and added new claims 21-22.
Response to Arguments
Applicant’s arguments with respect to claims 1-5 and 13-16 rejected under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection under 35 U.S.C. 112(b) against claims 1-5 and 13-16 has been withdrawn.
Applicant’s arguments with respect to claims 1-20 rejected under 35 USC § 103 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 § 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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. (US 20210107483 A1) in view of Laing (US 20140012450 A1) and James (US 20100138089 A1).
Regarding claim 1, Shively discloses an electrified fire fighting vehicle (see at least abstract) comprising:
a chassis (see at least ¶ [0036]);
a cab coupled to the chassis (see at least ¶ [0036]);
a body coupled to the chassis rearward of the cab (see at least ¶ [0036]);
an axle coupled to the chassis (see at least ¶ [0036]);
a battery pack (see at least ¶ [0053-0054]);
a driveline coupled to the axle, the driveline including an engine and an electric motor coupled to the battery pack (see at least ¶ [0051-0052] disclosing a powertrain connecting an engine, electric motor, battery pack, and axles);
and a controller (see at least ¶ [0073]) configured to:
operate driveline in an electric mode with the engine off where the electric motor drives the axle to provide a first performance condition (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top);
monitor a state of charge of the battery pack (see at least ¶ [0081] disclosing battery sensors for detecting the battery’s state of charge);
de-rate operation of the electric motor in response to the second input to provide a second performance condition (see at least ¶ [0129-0135] disclosing the controller directing first and second electrical motors of the hybrid powertrain to operate in an ultra-low mode when low speed or high torque is required);
wherein the second performance condition is lower than the first performance condition (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds, each greater and/or lower than the other, to deliver desired acceleration and/or top speed);
and wherein the second performance condition is at least a minimum performance condition for at least one of acceleration or top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Shively does not explicitly disclose starting the engine in response to the first input to maintain the first performance condition and the state of charge;
and starting the engine in response to the state of charge being at a second, lower threshold.
However, Laing suggests starting the engine in response to the first input to maintain the first performance condition and the state of charge (see at least ¶ [0011], [0020-0021], and [0040-0041] disclosing a vehicle with an engine, an electric machine, and a battery that supplies torque to drive the motor to maintain an average speed based on a SoC of the battery);
and starting the engine in response to the state of charge being at a second, lower threshold (see at least ¶ [0040-0041] and [0067] and Fig. 2 disclosing a vehicle with an engine, an electric machine, and a battery that supplies torque to drive the motor based on a SoC of the battery being above certain levels, and starting the engine when below those level).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the engine starting conditions of Laing into the fire-fighting vehicle of Shively with a reasonable expectation of success because both inventions are directed toward hybrid vehicles that control when an engine and when a battery operably drive the vehicle powertrain. This would allow the vehicle to operate to certain parameters, such as speed requirements, without losing speed while swapping between power sources.
While Shively discloses indicating the state of charge is at a first, higher threshold (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds to deliver desired acceleration and/or top speed) which then causes the driveline to maintain the first performance condition or continue operation in the electric mode (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top speed based on current and over a threshold battery states of charge (SOC)), and a user interface to allow operators to control hybrid powertrain components (see at least ¶ [0038] and [0073]);
the combination of Shively and Laing does not explicitly disclose providing an indication to an operator of the electrified fire fighting vehicle that the state of charge is at a first, higher threshold;
and in response to the indication, (a) receiving a first input from the operator to maintain the first performance condition or (b) receiving a second input from the operator to continue operation in the electric mode;
However, James discloses a hybrid vehicle that can operate in a hybrid mode, an electric mode, as well as a limited operation “taxi mode” that initiates according to a sensed trigger, with the option that the state of charge (SOC) of the propulsion energy storage is provided to a driver to give them the opportunity to initiate or override the mode change based on a minimum threshold (see at least ¶ [0028-0030], [0033], [0054], and [0060]).
While James is not directed toward an electrified firefighting vehicle, the ability to produce information on the SOC of a battery or propulsion energy storage unit for a hybrid electric vehicle is agnostic to the kind of vehicle it is implemented to present, and therefore suggests the aforementioned limitations. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the presentation and response of SOC information to and by the user of James into the combination of Shively and Laing with a reasonable expectation of success because all inventions are directed toward monitoring the SOC of hybrid electric vehicles and directing their operations corresponding to threshold levels of charge. This would allow the operator to have more information available in deciding how to control hybrid powertrain components.
Regarding claim 2, Shively discloses the second performance condition is at least the minimum performance condition for acceleration and top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 3, Shively discloses the second performance condition is greater than the minimum performance condition for acceleration (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 4, Shively discloses the second performance condition is greater than the minimum performance condition for top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 5, Shively discloses the second performance condition is greater than the minimum performance condition for acceleration and top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 7, Shively discloses the controller is configured to prevent operating at the second performance condition if the electrified fire fighting vehicle is actively responding to a scene (see at least ¶ [0099] disclosing the battery discharging below a given threshold to supply energy during an emergency situation).
Regarding claim 8, Shively discloses the controller is configured to refrain from providing the indication if the electrified fire fighting vehicle is actively responding to the scene (see at least ¶ [0099] disclosing the battery discharging below a given threshold to supply energy during an emergency situation).
Regarding claim 9, Shively discloses the controller is configured to prevent charging the battery pack beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and a maximum capacity of the battery pack to accommodate energy generated during one or more regenerative braking events (see at least ¶ [0054] and [0086-0087] disclosing a battery management system (BMS) controlling charge of the battery above a maximum threshold that is lower than the maximum charge of the battery, including managing electrical energy sources supplied by regenerative braking).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. in view of Laing, as applied to claim 9 above, and in view of Yang et al. (US 20210362664 A1).
Regarding claim 10, the combination of Shively and Laing does not explicitly disclose the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity.
However, Yang suggests the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity (see at least Table 2, entry 26, stating “A user may customize a charging threshold and a signal control system charging stop upper limit value of a battery, to avoid over discharge or overcharge of the battery, and allow the user to actively participate in battery protection”).
While Yang does recite avoiding overcharging, this is in reference to charging above a user’s desired level and may set that regardless of any predetermined threshold, thereby commanding an override. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the user directed threshold of Yang into the combination of Shively and Laing with a reasonable expectation of success because all inventions are directed toward vehicles with rechargeable batteries. This would allow the user to determine how much charge the vehicle battery receives to maintain battery health.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. (US 20210107483 A1) in view of Yang et al. (US 20210362664 A1) and Geller et al. (US 20180370523 A1).
Regarding claim 11, Shively discloses an electrified fire fighting vehicle (see at least abstract) comprising:
a chassis (see at least ¶ [0036]);
a cab coupled to the chassis (see at least ¶ [0036]);
a body coupled to the chassis rearward of the cab (see at least ¶ [0036]);
an axle coupled to the chassis (see at least ¶ [0036]);
a battery pack having a maximum capacity (see at least ¶ [0053-0054] and [0083-0085] disclosing a battery pack with maximum charge);
a driveline coupled to the axle, the driveline including an electric motor coupled to the battery pack (see at least ¶ [0051-0052] disclosing a powertrain connecting an engine, electric motor, battery pack, and axles);
and a controller (see at least ¶ [0073]) configured to:
prevent charging the battery pack using a mains power source beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity (see at least ¶ [0086-0087] disclosing a battery management system (BMS) controlling charge of the battery above a maximum threshold that is lower than the maximum charge of the battery),
Shively does not explicitly disclose the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity.
However, Yang suggests the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity (see at least Table 2, entry 26, stating “A user may customize a charging threshold and a signal control system charging stop upper limit value of a battery, to avoid over discharge or overcharge of the battery, and allow the user to actively participate in battery protection”).
While Yang does recite avoiding overcharging, this is in reference to charging above a user’s desired level and may set that regardless of any predetermined threshold, thereby commanding an override. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the user directed threshold of Yang into the fire-fighting vehicle of Shively with a reasonable expectation of success because both inventions are directed toward vehicles with rechargeable batteries. This would allow the user to determine how much charge the vehicle battery receives to maintain battery health.
While Shively discloses the controller is configured to prevent charging the battery pack beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and a maximum capacity of the battery pack to accommodate energy generated during one or more regenerative braking events (see at least ¶ [0054] and [0086-0087] disclosing a battery management system (BMS) controlling charge of the battery above a maximum threshold that is lower than the maximum charge of the battery, including managing electrical energy sources supplied by regenerative braking), the combination of Shively and Yang does not explicitly disclose permitting charging the battery pack beyond the charge threshold using energy generated during one or more regenerative braking events.
However, Geller suggests permitting charging the battery pack beyond the charge threshold using energy generated during one or more regenerative braking events (see at least ¶ [0081] disclosing a battery with available power limit and charge rate thresholds that can be increased to allow for energy received via regenerative braking).
While Geller is not directed toward an electrified firefighting vehicle, the ability to mediate the energy gains provided by regenerative braking and how it can impact battery charge is agnostic to the kind of vehicle it is implemented. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate regenerative braking considerations of Geller into the combination of Shively and Yang with a reasonable expectation of success because all inventions are directed toward monitoring the SOC of hybrid electric vehicles and directing their operations corresponding to threshold levels of charge. This would allow the battery monitoring system the ability to account for and moderate energy restored through regenerative breaking in managing charge threshold levels.
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. in view of Yang et al. and Geller et al., as applied to claim 11 above, and in further view of Laing (US 20140012450 A1) and James (US 20100138089 A1).
Regarding claim 12, Shively discloses the driveline includes an engine, and wherein the controller is configured to:
operate driveline in an electric mode with the engine off where the electric motor drives the axle to provide a first performance condition (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top);
monitor a state of charge of the battery pack (see at least ¶ [0081] disclosing battery sensors for detecting the battery’s state of charge);
and de-rate operation of the electric motor in response to the second input to provide a second performance condition (see at least ¶ [0129-0135] disclosing the controller directing first and second electrical motors of the hybrid powertrain to operate in an ultra-low mode when low speed or high torque is required), wherein the second performance condition is lower than the first performance condition (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds, each greater and/or lower than the other, to deliver desired acceleration and/or top speed).
The combination of Shively, Yang, and Geller does not explicitly disclose starting the engine in response to the first input to maintain the first performance condition and the state of charge.
However, Laing suggests starting the engine in response to the first input to maintain the first performance condition and the state of charge (see at least ¶ [0011], [0020-0021], and [0040-0041] disclosing a vehicle with an engine, an electric machine, and a battery that supplies torque to drive the motor to maintain an average speed based on a SoC of the battery).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the engine starting conditions of Laing into the combination of Shively, Yang, and Geller with a reasonable expectation of success because all inventions are directed toward vehicles with rechargeable batteries. This would allow the vehicle to operate to certain parameters, such as speed requirements, without losing speed while swapping between power sources.
While Shively discloses indicating the state of charge is at a first, higher threshold (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds to deliver desired acceleration and/or top speed) which then causes the driveline to maintain the first performance condition or continue operation in the electric mode (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top speed based on current and over a threshold battery states of charge (SOC)), and a user interface to allow operators to control hybrid powertrain components (see at least ¶ [0038] and [0073]);
the combination of Shively, Yang, Geller, and Laing does not explicitly disclose provide an indication that the state of charge is at a discharge threshold;
and in response to the indication, (a) receive a first input to maintain the first performance condition or (b) receive a second input to continue operation in the electric mode;
However, James discloses a hybrid vehicle that can operate in a hybrid mode, an electric mode, as well as a limited operation “taxi mode” that initiates according to a sensed trigger, with the option that the state of charge (SOC) of the propulsion energy storage is provided to a driver to give them the opportunity to initiate or override the mode change based on a minimum threshold (see at least ¶ [0028-0030], [0033], [0054], and [0060]).
While James is not directed toward an electrified firefighting vehicle, the ability to produce information on the SOC of a battery or propulsion energy storage unit for a hybrid electric vehicle is agnostic to the kind of vehicle it is implemented to present, and therefore suggests the aforementioned limitations. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the presentation and response of SOC information to and by the user of James into the combination of Shively, Yang, Geller, and Laing with a reasonable expectation of success because all inventions are directed toward monitoring the SOC of hybrid electric vehicles and directing their operations corresponding to threshold levels of charge. This would allow the operator to have more information available in deciding how to control hybrid powertrain components.
Regarding claim 13, Shively discloses the second performance condition is at least a minimum performance condition for at least one of acceleration or top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 14, Shively discloses the second performance condition is at least the minimum performance condition for acceleration and top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 15, Shively discloses the second performance condition is greater than the minimum performance condition for at least one of acceleration or top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 16, Shively discloses the second performance condition is greater than the minimum performance condition for acceleration and top speed (see at least ¶ [0072] and [0086] disclosing a battery management system (BMS) controlling the powertrain to supply a desired acceleration and/or top speed).
Regarding claim 17, Shively discloses the discharge threshold is a first, higher discharge threshold (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds to deliver desired acceleration and/or top speed).
The combination of Shively, Yang, and Geller does not explicitly disclose the controller is configured to start the engine in response to the state of charge being at a second, lower discharge threshold.
However, Laing suggests the controller is configured to start the engine in response to the state of charge being at a second, lower discharge threshold (see at least ¶ [0040-0041] and [0067] and Fig. 2 disclosing a vehicle with an engine, an electric machine, and a battery that supplies torque to drive the motor based on a SoC of the battery being above certain levels, and starting the engine when below those level).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the engine starting conditions of Laing into the combination of Shively, Yang, and Geller with a reasonable expectation of success because all inventions are directed toward vehicles with rechargeable batteries. This would allow the vehicle to operate to certain parameters, such as speed requirements, without losing speed while swapping between power sources.
Regarding claim 18, Shively discloses the controller is configured to at least one of:
prevent operating at the second performance condition if the electrified fire fighting vehicle is actively responding to a scene (see at least ¶ [0099] disclosing the battery discharging below a given threshold to supply energy during an emergency situation);
or refrain from providing the indication if the electrified fire fighting vehicle is actively responding to the scene (see at least ¶ [0099] disclosing the battery discharging below a given threshold to supply energy during an emergency situation).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. (US 20210107483 A1) in view of Laing (US 20140012450 A1), Yang et al. (US 20210362664 A1), and James (US 20100138089 A1).
Regarding claim 20, Shively discloses an electrified fire fighting vehicle (see at least abstract) comprising:
an axle (see at least ¶ [0036]);
a battery pack having a maximum capacity (see at least ¶ [0053-0054] and [0083-0085] disclosing a battery pack with maximum charge);
a driveline coupled to the axle, the driveline including an engine and an electric motor coupled to the battery pack (see at least ¶ [0051-0052] disclosing a powertrain connecting an engine, electric motor, battery pack, and axles);
and a controller (see at least ¶ [0073]) configured to:
prevent charging the battery pack beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity to accommodate energy generated during one or more regenerative braking events (see at least ¶ [0086-0087] disclosing a battery management system (BMS) controlling charge of the battery above a maximum threshold that is lower than the maximum charge of the battery);
operate driveline in an electric mode with the engine off where the electric motor drives the axle to provide a first performance condition (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top);
monitor a state of charge of the battery pack (see at least ¶ [0081] disclosing battery sensors for detecting the battery’s state of charge);
and de-rate operation of the electric motor in response to the second input to provide a second performance condition (see at least ¶ [0129-0135] disclosing the controller directing first and second electrical motors of the hybrid powertrain to operate in an ultra-low mode when low speed or high torque is required),
wherein the second performance condition is lower than the first performance condition(see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds, each greater and/or lower than the other, to deliver desired acceleration and/or top speed).
Shively does not explicitly disclose starting the engine in response to the first input to maintain the first performance condition and the state of charge.
However, Laing suggests starting the engine in response to the first input to maintain the first performance condition and the state of charge (see at least ¶ [0011], [0020-0021], and [0040-0041] disclosing a vehicle with an engine, an electric machine, and a battery that supplies torque to drive the motor to maintain an average speed based on a SoC of the battery).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the engine starting conditions of Laing into the fire-fighting vehicle of Shively with a reasonable expectation of success because both inventions are directed toward hybrid vehicles that control when an engine and when a battery operably drive the vehicle powertrain. This would allow the vehicle to operate to certain parameters, such as speed requirements, without losing speed while swapping between power sources.
The combination of Shively and Laing does not explicitly disclose the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity.
However, Yang suggests the controller is configured to permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity (see at least Table 2, entry 26, stating “A user may customize a charging threshold and a signal control system charging stop upper limit value of a battery, to avoid over discharge or overcharge of the battery, and allow the user to actively participate in battery protection”).
While Yang does recite avoiding overcharging, this is in reference to charging above a user’s desired level and may set that regardless of any predetermined threshold, thereby commanding an override. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the user directed threshold of Yang into the combination of Shively and Laing with a reasonable expectation of success because all inventions are directed toward vehicles with rechargeable batteries. This would allow the user to determine how much charge the vehicle battery receives to maintain battery health.
While Shively discloses indicating the state of charge is at a first, higher threshold (see at least ¶ [0086-0088] and Fig. 17 disclosing the controller managing the battery pack SOC according to several thresholds to deliver desired acceleration and/or top speed) which then causes the driveline to maintain the first performance condition or continue operation in the electric mode (see at least ¶ [0073], [0077], [0086-0088], and [0105-0106] disclosing a controller shifting the powertrain from the engine to an electromechanical transfer device (ETD) to deliver a desired horsepower, acceleration, and/or top speed based on current and over a threshold battery states of charge (SOC)), and a user interface to allow operators to control hybrid powertrain components (see at least ¶ [0038] and [0073]);
the combination of Shively, Laing, and Yang does not explicitly disclose providing an indication to an operator of the electrified fire fighting vehicle that the state of charge is at a first, higher threshold;
and in response to the indication, (a) receiving a first input from the operator to maintain the first performance condition or (b) receiving a second input from the operator to continue operation in the electric mode;
However, James discloses a hybrid vehicle that can operate in a hybrid mode, an electric mode, as well as a limited operation “taxi mode” that initiates according to a sensed trigger, with the option that the state of charge (SOC) of the propulsion energy storage is provided to a driver to give them the opportunity to initiate or override the mode change based on a minimum threshold (see at least ¶ [0028-0030], [0033], [0054], and [0060]).
While James is not directed toward an electrified firefighting vehicle, the ability to produce information on the SOC of a battery or propulsion energy storage unit for a hybrid electric vehicle is agnostic to the kind of vehicle it is implemented to present, and therefore suggests the aforementioned limitations. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the presentation and response of SOC information to and by the user of James into the combination of Shively, Laing, and Yang with a reasonable expectation of success because all inventions are directed toward monitoring the SOC of hybrid electric vehicles and directing their operations corresponding to threshold levels of charge. This would allow the operator to have more information available in deciding how to control hybrid powertrain components.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Shively et al. in view of Yang et al. and Geller et al., as applied to claim 11 above, and in further view of Healy et al. (US 20180086227 A1).
Regarding claim 22, the combination of Shively, Yang, and Geller does not explicitly disclose the controller is configured to permit charging the battery pack beyond the charge threshold up to the overcharge threshold in response to determining that the electrified fire fighting vehicle is operating in a flat- terrain condition in which less storage capacity is to be dedicated to accepting energy from the one or more regenerative braking events, and wherein the controller determines the flat-terrain condition based on at least one of:
a location of the electrified fire fighting vehicle obtained from a global positioning system;
or receiving the certain mode selection corresponding with a flat-terrain mode.
However, Healy suggests the controller is configured to permit charging the battery pack beyond the charge threshold up to the overcharge threshold in response to determining that the electrified fire fighting vehicle is operating in a flat-terrain condition in which less storage capacity is to be dedicated to accepting energy from the one or more regenerative braking events (see at least ¶ [0079-0085] disclosing a hybrid suspension system regenerating battery power depending on predicted road grading, with particular emphasis on managing regenerated energy to a battery at a given state of charge (SOC), during or when expecting travel occurs over substantially flat terrain, and considering predicted acceleration/deceleration dynamics), and wherein the controller determines the flat-terrain condition based on at least one of:
a location of the electrified fire fighting vehicle obtained from a global positioning system (see at least ¶ [0080] disclosing the hybrid suspension system utilizing GPS data in assessing predicted grading and dynamics);
or receiving the certain mode selection corresponding with a flat-terrain mode (see at least ¶ [0079-0084] disclosing the hybrid suspension system operating between power assist, regeneration, and passive modes according to predicted grades and dynamics).
While Healy is not directed toward an electrified firefighting vehicle, the ability to monitor the SOC of a battery and adjust the energy supplied through regenerative braking according to perceived performance is agnostic to the kind of vehicle it is implemented to present. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the terrain based considerations of Healy into the combination of Shively, Yang, and Geller with a reasonable expectation of success because all inventions are directed toward monitoring the SOC of hybrid electric vehicles and directing their operations corresponding to threshold levels of charge. This would allow the vehicle to appropriately respond to different road conditions and grades that would affect regenerative braking mechanics and energy production, thereby helping prevent overcharge scenarios from occurring.
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED C BEAN whose telephone number is (571)272-5255. The examiner can normally be reached 7:30AM - 5:00PM.
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/J.C.B./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669