Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
Claims 1-15 are re-presented for examination.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1 and 3-9 are rejected under 35 USC 103 as being unpatentable over Poll et al., U.S. 2022/0176939 in view of Ding et al., U.S. 2021/0122242.
On claim 1, Poll cites except as underlined:
A notification apparatus, comprising:
an acquisition section configured to acquire first information on a first amount of power that has been used for travel of a vehicle configured to operate with power,
figure 2 and [0041] The external computing device determines road links associated with the selected route as represented at 220. In one embodiment, each road link is defined by a beginning and ending latitude and longitude pair. Each road link contains previously determined data for its distance, predicted travel time, predicted travel speed, and road grade percentage as represented at 222. The external computing device may also query the forecasted external temperature of each road link within the selected route from a weather API based on the road link location, anticipated time that the vehicle will traverse the road link, and the anticipated travel time across the road link as indicated at 224. Because the energy consumption predictions are based on characteristics of the known route (speed, grade, temperature), predictions can be generalized to any route in which the preceding conditions are known. The external computing device uses learned data from the electrified vehicle control modules (energy for driving on speed/grade classes) of one or more vehicles to estimate energy consumption on future drive cycles. The external computing device can therefore predict energy consumption for any route based on an estimated speed/grade trace based on traffic and mapping data along the route, current/forecasted external temperature, initial battery energy available, and initial cabin temperature. In this way, predictions can be generalized to any route in which the preceding conditions are known using one or more strategies understood by those of ordinary skill in the art.
[0042] The external computing device estimates or predicts energy consumption for each road link based on previously stored data from multiple vehicles and may adjust for vehicle/trip specific data of a particular vehicle, such as temperatures, weather, etc. as indicated at 226.
and
second information on a second amount of power that has been used for equipment in the vehicle for a purpose other than the travel;
[0042] The external computing device estimates or predicts energy consumption for each road link based on previously stored data from multiple vehicles and may adjust for vehicle/trip specific data of a particular vehicle, such as temperatures, weather, etc. as indicated at 226. This energy consumption prediction may include various categories. In one embodiment, the energy consumption prediction includes energy for driving or propelling the vehicle, energy for operating the climate control system of the vehicle, energy for operating vehicle accessories, and energy for external losses as indicated at 228.
and
a control section
figure 1, computing platform 104
configured to notify a user of the first amount of power and the second amount of power in accordance with the first information and the second information so that a comparison between the first amount of power and the second amount of power is possible.
[0021] FIG. 1 illustrates an example system 100 including an electrified vehicle 102 having a traction battery 101 and an associated battery charger 103.
Vehicle 102 is configured to access one or more external cloud servers 146 and/or a mobile device 126 to transmit vehicle and ambient operating data and receive trip data including a plurality of road segments and associated predicted energy consumption or energy efficiency data used in providing a segment-based DTE for display via a human-machine interface 112 and/or separate display 114, for example.
(The cited “energy consumption prediction” includes the cited “energy for climate control system and operating vehicle accessories”).
Regarding the excepted claim limitations, Poll, as cited above, discloses an embodiment for displaying, to a user, trip information and predicted energy usages. Poll doesn’t disclose the above excepted limitations.
In the same art of vehicle energy management, Ding cites:
[0083] As shown in FIG. 6, the interface after opening the energy management application 3021 includes an energy suggestion message bar 3022 and a vehicle battery status display 3023, for example, when the vehicle battery status cannot meet the next travel requirements, an energy suggestion message bar 3022 pops up in the application interface, giving the driver one key to adjust the power distribution of the vehicle battery to reduce the use of the air conditioning system to promote the vehicle more.”(sic. It is believed this passage was meant to say “to promote more of vehicle’s travel capability”)
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention was filed to modify Poll’s energy display embodiment using the features disclosed in Ding such that the claimed invention is realized.
Ding discloses a known way to inform a user of power consumed between traction and non-traction loads and an admonition to reduce non-traction loads to increase energy availability for traction loads. One of ordinary skill would have included Ding’s feature into Poll to help a user increase maximum mileage from the total energy available to the vehicle.
Regarding the excepted:
“an acquisition section configured to acquire first information on a first amount of power that has been used for travel of a vehicle configured to operate with power”
and
“second information on a second amount of power that has been used for equipment in the vehicle for a purpose other than the travel,”
as discussed above, Poll discloses using energy consumption prediction methods and calculations to determine the amount of energy a vehicle consumes for traction and non-traction loads. Furthermore, Poll discloses:
[0027] Trip destination and associated route planning or actual route/trip data as well as planned and/or actual vehicle charging data, battery SOC, climate control use, accessory use, energy efficiency, etc. may be selectively transmitted to an external cloud server 146 for use in collecting crowd-sourced data associated with determining a predicted energy consumption or efficiency associated with particular road links, ambient temperatures, weather, traffic, etc.
Poll doesn’t disclose the excepted claim limitations.
In the same art of vehicle energy consumption analysis, Ding discloses:
[0083] As shown in FIG. 6, the interface after opening the energy management application 3021 includes an energy suggestion message bar 3022 and a vehicle battery status display 3023, for example, when the vehicle battery status cannot meet the next travel requirements, an energy suggestion message bar 3022 pops up in the application interface, giving the driver one key to adjust the power distribution of the vehicle battery to reduce the use of the air conditioning system to promote the vehicle more.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Poll the features disclosed in Ding such that the claimed invention is realized.
Poll discloses a known embodiment based on energy consumption predictions previously disclosed. Furthermore, as Poll points out in [0027], data collected to derive energy consumption predictions are gleaned from “collecting crowd-sourced data.” This means in order to determine energy consumption predictions, real world data, such as those experienced by others, is collected and obtained in order to have data available to compare for how another vehicle, faced with similar circumstances and equipage, may determine its own energy consumption.
Ding takes this proposition a step further by providing a real-time analysis of energy consumed and the likelihood the vehicle will run out of energy to continue the vehicle’s forward motion unless the user turns off non-traction loads to favor a longer distanced trip.
Thus, one of ordinary skill, apprised of Ding’s teachings, would have include the real world data measurement of Ding into Poll’s data collecting and estimation features to provide an embodiment meeting the claimed invention.
On claim 3, Poll cites:
The notification apparatus according to claim1, wherein the control section displays the first amount of power and the second amount of power on a display apparatus so that a comparison between the first amount of power and the second amount of power is possible.
Figure 1, computing platform 104
On claim 4, Poll cites except:
The notification apparatus according to claim3, wherein the control section displays information representing the first amount of power and information representing the second amount of power side by side on the display apparatus.
Poll, as in the rejection of claim 1, disclosed:
[0021] FIG. 1 illustrates an example system 100 including an electrified vehicle 102 having a traction battery 101 and an associated battery charger 103. Vehicle 102 is configured to access one or more external cloud servers 146 and/or a mobile device 126 to transmit vehicle and ambient operating data and receive trip data including a plurality of road segments and associated predicted energy consumption or energy efficiency data used in providing a segment-based DTE for display via a human-machine interface 112 and/or separate display 114, for example.
(The cited “energy consumption prediction” includes the cited “energy for climate control system and operating vehicle accessories”).
Poll doesn’t disclose the energy consumption due to traveling (as in the cited ‘trip data”) nor the energy consumption due to operating vehicle accessories, which are seen as analogous to the claimed “first and second amounts of power,” respectively being displayed side by side. However, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include such an embodiment. The cited energies as used to not only propel the vehicle into motion, but also to provide the driver and vehicle with energy to power air conditioning, lights, horns, and the like. One of ordinary skill would have displayed energy demands of both sets of energy loads side-by-side to allow the user discretion to adjust energy demands to maximize the vehicle’s travel with an optimum amount of electrical energy to safely operate the vehicle and provide comfort to the vehicle’s passengers.
On claim 5, Poll cites except as underlined:
The notification apparatus according to claim3, wherein the control section displays the first amount of power and the second amount of power per day of usage on the display apparatus.
Poll cites:
[0055] As illustrated by the representative embodiments described with respect to FIGS. 1 and 2, instead of predicting an overall energy consumption for the entire trip, the DTE support system implemented by a remote computer or cloud-based network will provide the vehicle module an energy consumption prediction for each road segment of the route. The road segments are used to dynamically update DTE displayed in the vehicle as the trip progresses. Using the length/distance and associated energy consumption of each segment received from the remote computer, the remaining trip energy consumption can be updated in real-time by tracking the distance traveled within each segment, and the DTE can be updated using the remaining predicted trip energy and real-time battery energy available. As such, when a segment is completed, the predicted energy consumption for that segment is no longer included in calculating the remaining trip energy consumption. As the number of segments increases, the dynamic accuracy of the DTE algorithm throughout the battery cycle is expected to increase.
Poll, as previously disclosed, also cites:
[0021] FIG. 1 illustrates an example system 100 including an electrified vehicle 102 having a traction battery 101 and an associated battery charger 103. Vehicle 102 is configured to access one or more external cloud servers 146 and/or a mobile device 126 to transmit vehicle and ambient operating data and receive trip data including a plurality of road segments and associated predicted energy consumption or energy efficiency data used in providing a segment-based DTE for display via a human-machine interface 112 and/or separate display 114, for example.
Poll doesn’t specifically disclose the except claim limitations. However, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to try and include into Poll an embodiment based on the teachings disclosed in the Poll reference. According to Poll:
“the DTE support system implemented by a remote computer or cloud-based network will provide the vehicle module an energy consumption prediction for each road segment of the route. The road segments are used to dynamically update DTE displayed in the vehicle as the trip progresses.”
In other words, the energy consumption prediction feature is updated per each road leg, or road segment. While not specifically disclosed, Poll includes an updating feature to cover an amount of road travelled, which would include at least a series of road segments encountered during the driver’s journey, which would likely include at least an entire span of one day of traveling. Accordingly, one of ordinary skill would have endeavored to try and arrive at an embodiment based on the known feature of an updated accounting of energy consumption done along a route or more within a day which would satisfy an embodiment meeting the claimed invention.
On claim 6, Poll cites except as underlined:
The notification apparatus according to claim 3, wherein the control section displays the first amount of power and the second amount of power per month of usage on the display apparatus.
Poll cites:
[0055] As illustrated by the representative embodiments described with respect to FIGS. 1 and 2, instead of predicting an overall energy consumption for the entire trip, the DTE support system implemented by a remote computer or cloud-based network will provide the vehicle module an energy consumption prediction for each road segment of the route. The road segments are used to dynamically update DTE displayed in the vehicle as the trip progresses. Using the length/distance and associated energy consumption of each segment received from the remote computer, the remaining trip energy consumption can be updated in real-time by tracking the distance traveled within each segment, and the DTE can be updated using the remaining predicted trip energy and real-time battery energy available. As such, when a segment is completed, the predicted energy consumption for that segment is no longer included in calculating the remaining trip energy consumption. As the number of segments increases, the dynamic accuracy of the DTE algorithm throughout the battery cycle is expected to increase.
Poll, as previously disclosed, also cites:
[0021] FIG. 1 illustrates an example system 100 including an electrified vehicle 102 having a traction battery 101 and an associated battery charger 103. Vehicle 102 is configured to access one or more external cloud servers 146 and/or a mobile device 126 to transmit vehicle and ambient operating data and receive trip data including a plurality of road segments and associated predicted energy consumption or energy efficiency data used in providing a segment-based DTE for display via a human-machine interface 112 and/or separate display 114, for example.
Poll doesn’t specifically disclose the except claim limitations. However, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to try and include into Poll an embodiment based on the teachings disclosed in the Poll reference. According to Poll:
“the DTE support system implemented by a remote computer or cloud-based network will provide the vehicle module an energy consumption prediction for each road segment of the route. The road segments are used to dynamically update DTE displayed in the vehicle as the trip progresses.”
In other words, the energy consumption prediction feature is updated per each completed road leg, or road segment. While not specifically disclosed, Poll includes an updating feature to cover an amount of road travelled, which would include at least a series of road segments encountered during the driver’s journey, which would also include at least an entire span of one day of traveling. Furthermore, at least several days of such traveling, one of ordinary skill in the art would presume a continuous and systematic driving for 30 days would lead to the driver driving a cumulative amount of days equaling a month.
Accordingly, one of ordinary skill would have endeavored to try and arrive at an embodiment based on the known feature of an updated accounting of energy consumption done along a route or more within a day which would satisfy an embodiment meeting the claimed invention.
On claim 7, Poll cites:
The notification apparatus according to claim 3, wherein the control section displays the first amount of power and the second amount of power for each operation of the vehicle on the display apparatus.
[0021] FIG. 1 illustrates an example system 100 including an electrified vehicle 102 having a traction battery 101 and an associated battery charger 103. Vehicle 102 is configured to access one or more external cloud servers 146 and/or a mobile device 126 to transmit vehicle and ambient operating data and receive trip data including a plurality of road segments and associated predicted energy consumption or energy efficiency data used in providing a segment-based DTE for display via a human-machine interface 112 and/or separate display 114, for example.
The claimed “wherein the control section displays the first amount of power and the second amount of power for each operation of the vehicle on the display apparatus,” is met in the received trip data in the segment-based DTE (or distance-to-empty).
On claim 8, Poll cites:
The notification apparatus according to claim 3, wherein the acquisition section acquires the first information and the second information during operation of the vehicle, and wherein the control section displays, in accordance with the first information and the second information, the first amount of power and the second amount of power that have been used since start of operation of the vehicle on the display apparatus.
Poll discloses:
[0041] The external computing device uses learned data from the electrified vehicle control modules (energy for driving on speed/grade classes) of one or more vehicles to estimate energy consumption on future drive cycles. The external computing device can therefore predict energy consumption for any route based on an estimated speed/grade trace based on traffic and mapping data along the route, current/forecasted external temperature, initial battery energy available, and initial cabin temperature. In this way, predictions can be generalized to any route in which the preceding conditions are known using one or more strategies understood by those of ordinary skill in the art.
And
[0042] The external computing device estimates or predicts energy consumption for each road link based on previously stored data from multiple vehicles and may adjust for vehicle/trip specific data of a particular vehicle, such as temperatures, weather, etc. as indicated at 226. This energy consumption prediction may include various categories. In one embodiment, the energy consumption prediction includes energy for driving or propelling the vehicle, energy for operating the climate control system of the vehicle, energy for operating vehicle accessories, and energy for external losses as indicated at 228.
The above citation indicates initial conditions expected before a vehicle’s trip segment. Poll discloses an alternative current or forecasted condition, to include initial conditions, that is, that traveling has started previously or hasn’t begun. In either case, the claimed “the first amount of power and the second amount of power that have been used since start of operation of the vehicle on the display apparatus” is met in these conditions.
On claim 9, Poll cites the excepted underlined:
The notification apparatus according to claim1, wherein the vehicle includes a body section, and wherein the second amount of power includes an amount of power used for in-vehicle equipment in the vehicle
[0007] Each road link may have associated energy consumption estimates for the traction battery associated with: propelling the electrified vehicle, climate control of the electrified vehicle, use of accessories in the electrified vehicle,
and an amount of power used for the body section of the vehicle.
Regarding the excepted limitations, Poll, as indicated above, discloses the vehicle using climate controls. However, Poll doesn’t disclose power used for the “body section of the vehicle.” However, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include into Poll at least a control or other controlled devices which would meet the claimed “power used for the body section of the vehicle.” In one instance, the “power to the body section” could mean a powered door or window, or even a powered turn signal or parking lamp found on the body of the vehicle.
One of ordinary skill would have included these known features in the cited vehicle such that that the claimed invention is realized in this asserted embodiment.
The Examiner asserts an Official Notice with respect to the disclosed known limitations on “power used for the body section of the vehicle.”
See MPEP 2144.03 “Official Notice.”
However, since the applicant did not contest the veracity of the above Official Notice, the Examiner asserts the failure to rebut the presumption of the Official Notice is “applicant admitted prior art.”
Claim 2 is rejected under 35 USC 103 as being unpatentable over Poll et al., U.S. 2022/0176939 in view of Ding et al., U.S. 2021/0122242 and Mitsutani, U.S. 8,648,565.
On claim 2, Poll cites except:
The notification apparatus according to claim1, further comprising a calculation section configured to calculate a usage ratio of the first amount of power to the entire amount of power consumed by the vehicle and a usage ratio of the second amount of power to the entire amount of power consumed by the vehicle in accordance with the first information and the second information, wherein the control section notifies the user of the usage ratio for the first amount of power and the usage ratio for the second amount of power so that a comparison between the usage ratio for the first amount of power and the usage ratio for the second amount of power is possible.
Poll disclosed previously:
[0042] The external computing device estimates or predicts energy consumption for each road link based on previously stored data from multiple vehicles and may adjust for vehicle/trip specific data of a particular vehicle, such as temperatures, weather, etc. as indicated at 226. This energy consumption prediction may include various categories. In one embodiment, the energy consumption prediction includes energy for driving or propelling the vehicle, energy for operating the climate control system of the vehicle, energy for operating vehicle accessories, and energy for external losses as indicated at 228.
Poll doesn’t disclose the excepted claim limitations.
In the related art of power sources for vehicles, Mitsutani cites in figure 13 and col. 14, lines 38-52:
(113) Referring to FIG. 13, the horizontal axis shows that (IB2.times.VB2) is set as a charging power monitor value. The horizontal axis represents a monitor value (IB1.times.VB1) of power discharged from power storage device 10-1 for performing power supply to auxiliary equipment 22. Threshold value X is a threshold value showing minimum power for guaranteeing correct detection of SOC of the power storage device, as illustrated in FIG. 11, FIG. 12. A threshold value Z is a threshold value for determining auxiliary equipment consumption "large" that is applied when the slave power storage device is charged.
Region A5 is a region where it is determined that a failure of decreasing output power occurs in charger 42, and region A6 is a region where it is determined that power consumption in the auxiliary equipment is large.
In other words, figure 13 discloses a graph of the state of charge of the battery/power storage device as represented by A5. Region A6 determines power consumption of the of the auxiliary equipment while threshold Z determines the ranges at which the auxiliary equipment consumes energy. This is a visual representation between the state of battery charge of a vehicle and the energy used by the vehicle’s auxiliary systems consuming the battery charge which is a ratio of battery charge to battery consumption.
Furthermore, Ding discloses:
[0083] As shown in FIG. 6, the interface after opening the energy management application 3021 includes an energy suggestion message bar 3022 and a vehicle battery status display 3023, for example, when the vehicle battery status cannot meet the next travel requirements, an energy suggestion message bar 3022 pops up in the application interface, giving the driver one key to adjust the power distribution of the vehicle battery to reduce the use of the air conditioning system to promote the vehicle more.
It would have been obvious to one of ordinary skill in the art at the time of filing of the claimed invention to modify the power consumption warning disclosed in Ding using the graphical features of Mitsutani wherein a user is visually apprised of a difference between current vehicle battery charge and energy consumption of the battery where the user can derive a “visual ratio” of energy available vs. energy consumption.
As discussed above, Ding apprises the driver of an impending energy crisis wherein if the driver fails to reduce non-traction loads, the vehicle is in danger of running out of energy sooner than if the driver reduces the non-traction loads to favor traction driving. Implicitly, the driver is apprised of the amount of energy consumed between traction and non-traction load demands. Accordingly, by placing a visual reference on the amount of energy consumed between traction and non-traction loads, one of ordinary skill would have used this graphical representation as an intuitive way to determine energy consumption between traction and non-traction loads.
Claims 10, 11, and 14 are rejected under 35 USC 103 as being unpatentable over Poll et al., U.S. 2022/0176939 in view of Ding et al., U.S. 2021/0122242 and Mitsutani, U.S. 8,648,565 and Ishikawa, U.S. 2020/0070683.
On claim 10, Poll cites except as underlined:
The notification apparatus according to claim 1, wherein the control section displays the first amount of power and the second amount of power on a display apparatus so that it is possible for the user to grasp the first amount of power and the second amount of power at first sight.
In the rejection of claim 2, Poll, Ding, and Mitsutani disclosed an embodiment in which a ratio of energy consumption was defined as being divided between traction and non-traction loads. None of the references disclosed the excepted claim limitations.
In the same art of battery monitoring, Ishikawa disclosed.
[0037] The motor controller controls the motor 12 based on an output from the vehicle sensor 20. The brake controller controls the brake device 16 based on an output from the vehicle sensor 20. The battery and VCU controller calculates a state of charge (SOC) of the battery 40 (hereinafter referred to as a “battery charge ratio”) based on an output from the battery sensor 42 mounted in the battery 40 and outputs the SOC to the VCU 34 and the display device 60. The VCU 34 increases a voltage of the direct-current link DL in accordance with an instruction by the battery and VCU controller. The motor controller calculates an electric cost of the vehicle 10 based on a transition of the SOC of the battery 40 and the output from the vehicle sensor 20. The motor controller outputs the calculated electric cost as electric cost information to the communication device 50.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Poll, Ding, and Mitsutani’s embodiment to include a display screen including a battery charge ration as disclosed in Ishikawa to realize an embodiment meeting the claimed invention.
Ishikawa disclosed a known embodiment in which a ratio of battery charge is displayed to a user and one of ordinary skill, apprised of this known feature, would have included this embodiment to the driver to intuitively determine the state of charge of the battery and the charge consumption of the traction and non-traction loads in the vehicle.
On claim 11, Poll, Ding, Mitsutani, and Ishikawa cites:
The notification apparatus according to claim 1, wherein the control section displays the first amount of power and the second amount of power on a same screen of a display apparatus so that a comparison between the first amount of power and the second amount of power is possible.
See the rejection of claim 10 which discloses the same subject matter as claim 11 and is rejected for the same reasons.
On claim 14, Ishikawa, Poll, Ding, and Mitsutani, cites:
The notification apparatus according to claim 2, wherein the calculation section calculates the usage ratio for the first amount of power and the usage ratio for the second amount of power for each operation of the vehicle, and the control section displays the usage ratio for the first amount of power and the usage ratio for the second amount of power for each operation of the vehicle on a display apparatus.
See the rejection of claim 10 citing Ishikawa:
[0037] The battery and VCU controller calculates a state of charge (SOC) of the battery 40 (hereinafter referred to as a “battery charge ratio”) based on an output from the battery sensor 42 mounted in the battery 40 and outputs the SOC to the VCU 34 and the display device 60
Claims 12 and 13 are rejected under 35 USC 103 as being unpatentable over Poll et al., U.S. 2022/0176939 in view of Ding et al., U.S. 2021/0122242 and Mitsutani, U.S. 8,648,565 and Ishikawa, U.S. 2020/0070683 and Hayashi et al., U.S. 2012/0256588.
On claim 12, Poll, Ding, Mitsutani, and Ishikawa cites except as underlined:
The notification apparatus according to claim 2, wherein the calculation section calculates the usage ratio for the first amount of power and the usage ratio for the second amount of power per each day of usage, and the control section displays the usage ratio for the first amount of power and the usage ratio for the second amount of power per each day of usage on a display apparatus.
In the rejection of claim 10, Ishikawa disclosed a known embodiment in which a ratio of battery charge is provided to a user. However, neither Ishikawa nor Poll, Ding, and Mitsutani disclosed a display including a daily ratio of power usage.
In the same art of electrical load displays, Ishikawa discloses:
[0011] There is commonality among the electric vehicle usage patterns of general users on each day of the week, holidays, or weekdays. Accordingly, the history recording unit records the daily usage history as the period-by-period usage history. The charge determination unit determines the daily pattern of the electric vehicle including the amount of power consumption on the basis of the daily usage histories, predicts the future amount of power consumption on a future day from the daily pattern, and performs the determination of whether charging of the battery is necessary and the calculation of the target remaining amount of power on the basis of the predicted future amount of power consumption and the current remaining amount of power of the battery. As a result, it is possible to increase the accuracy of determining whether the charging of the battery is necessary and the accuracy of calculating the target remaining amount of power.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Ishikawa, Poll, Ding, and Mitsutani the power history recording unit disclosed in Hayashi such that the claimed invention is realized. One of ordinary skill in the art, apprised of Hayashi’s embodiment, would have taken the history of power consumption of both the traction and non-traction loads, provided a daily consumption ratio display to the user such that the user can use the historical data for adjusting power consumption to suit the needs of the specific type of travel being accomplished.
On claim 13, Ishikawa, Poll, Ding, Hayashi, and Mitsutani cites except as underlined:
The notification apparatus according to claim 2, wherein the calculation section calculates the usage ratio for the first amount of power and the usage ratio for the second amount of power per each month of usage, and the control section displays the usage ratio for the first amount of power and the usage ratio for the second amount of power per each month of usage on a display apparatus.
In the rejection of claim 12, Ishikawa, Poll, Ding, Hayashi, and Mitsutani disclosed an embodiment for determining an energy usage ratio based on a per-day measurement of power consumed by traction and non-traction loads. However, none of the above disclosed the excepted claim limitations.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Ishikawa, Poll, Ding, Hayashi, and Mitsutani a further option of monitoring monthly power consumption for traction and non-traction loads. By multiplying the daily usage of power by the number of days found in a particular month, one of ordinary skill could calculate the monthly traction and non-traction energy consumption of a vehicle. One of ordinary skill, apprised with the common knowledge of determining daily energy consumption into monthly energy consumption, would have performed this calculation to accurately assess the overall energy consumption of a vehicle where a daily read fails to give an accurate rendering of overall energy consumption.
Claims 15 are rejected under 35 USC 103 as being unpatentable over Poll et al., U.S. 2022/0176939 in view of Ding et al., U.S. 2021/0122242 and Frank, U.S. 6,116,363.
On claim 15, Poll cites except as underlined:
The notification apparatus according to claim 1, wherein the acquisition section acquires the first information and the second information from each of a plurality of vehicles, and the control section notifies a mean value of the first amount of power and a mean value of the second amount of power for the plurality of vehicles, while notifying the first amount of power and the second amount of power for one of the plurality of vehicles.
Regarding the excepted:
the control section notifies a mean value of the first amount of power and a mean value of the second amount of power for the plurality of vehicles, while notifying the first amount of power and the second amount of power for one of the plurality of vehicles, in the rejection of claim 1, Poll and Ding disclosed obtaining traction and non-traction energy consumption for a vehicle. However, neither Poll nor Ding discloses the excepted claim limitation “for the plurality of vehicles.”
In the similar art of fleet fuel management, Frank, col. 3, lines 57-61 cites:
(20) Therefore, the threshold speeds and adjustment of the threshold speeds, as well as the charge depletion of the batteries (DOD characteristics), are a function of a control policy for the auxiliary power unit based on desired fleet fuel consumption and/or fleet vehicle emissions characteristics.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Poll and Ding the embodiment disclosed in Frank such that the claimed invention is realized. While Poll and Ding are directed to an embodiment involving one vehicle, Frank discloses management of a fleet of vehicles based on desired characteristics for those fleet of vehicles. This means the findings disclosed in Poll and Ding would be ascertained for different vehicles in a fleet of vehicles and managed in the embodiment disclosed in Frank. One of ordinary skill would have included this feature to allow for the management of a plurality of vehicles owned by a single company.
Regarding the excepted: a mean value of the first amount of power and a mean value of the second amount of power for the plurality of vehicles, as disclosed in Frank, above, energy consumption data is obtained to determine desired optimal performance from a fleet of vehicles. However, none of the references specifically disclose the claimed “a mean value.” However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Poll and Frank the understanding that obtained fleet energy consumption data includes data likely found in a mean section of data collection instead of include all data.
“Mean” (as discussed in Merriam-Webster Dictinoary online) is defined as:
“1a
(1): something intervening or intermediate
(2): a middle point between extremes
b: a value that lies within a range of values and is computed according to a prescribed law: such as
(1): arithmetic mean
(2): expected value.”
Thus, if considering “mean data,” this alludes to data “lying in the middle between extremes,” or “a value that lies within a range of values.” Data that isn’t a departure from the norm or an aberration. One of ordinary skill, apprised of obtaining data, would have included only data defined as “mean data” as indicated above, to determine meaningful data not skewed by non-characteristic or out-of-bounds findings. Furthermore, the examiner asserts determining “mean data” is a known practice of data analysis and therefore asserts an “Official Notice” per MPEP 2144.03.
Response to Arguments
Claim 1 includes amendments as underlined:
“an acquisition section configured to acquire first information on a first amount of power that has been used for travel of a vehicle configured to operate with power” and “second information on a second amount of power that has been used for equipment in the vehicle for a purpose other than the travel…”
The applicant argues:
“Furthermore, Mitsutani describes a graph showing the relationship "discharge power monitor" and "charge power monitor." Since this graph does not show past information, the arrangement of Mitsutani is different from the arrangement of this application. Thus, Poll, Ding and Mitsutani fail to teach or suggest that "a notification apparatus, comprising: an acquisition section configured to acquire first information on a first amount of power that has been used for travel of a vehicle configured to operate with power, and second information on a second amount of power that has been used for equipment in the vehicle for a purpose other than the travel; and a control section configured to notify a user of the first amount of power and the second amount of power in accordance with the first information and the second information so that a comparison between the first amount of power and the second amount of power is possible," as recited in claim 1.”
The applicant’s argument asserts the amended claim limitations are directed to an embodiment wherein recent (and therefore, consumed) energy consumption is measured and used to determine a comparison between a first amount of power (for traction loads) and a second amount of power (for non-traction loads). In short, the applicant argues the above references are using energy consumption based on predictions and not actual measured past energy consumption, and that the combination of Poll, Ding, and Mitsutani fail to teach these excepted claim limitations.
However, the limitations “power that has been used” were not previously examined in a prior Office Action. Furthermore, to address this issue, the Examiner has again used Ding (which was used for analyzing another claim limitation) as a reference which speaks to these excepted claim limitations and is provided in response to the amended claim limitations.
Claim 2 includes amendments as underlined:
The notification apparatus according to claim1, further comprising a calculation section configured to calculate a usage ratio of the first amount of power to the entire amount of power consumed by the vehicle and a usage ratio of the second amount of power to the entire amount of power consumed by the vehicle in accordance with the first information and the second information, wherein the control section notifies the user of the usage ratio for the first amount of power and the usage ratio for the second amount of power so that a comparison between the usage ratio for the first amount of power and the usage ratio for the second amount of power is possible.
The applicant argues that because claim 1 did not disclose the amended claim limitations, claim 2 by its dependency on claim 1, should be allowed.
However, in addition to the reasons why the applicant’s arguments regarding claim 1 are considered moot, claim 2’s amended limitations did not appear in a prior examination, making any arguments against the rejection of claim 2 also moot.
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 CAL EUSTAQUIO whose telephone number is (571)270-7229. The examiner can normally be reached on 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Zimmerman, can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application lnformation Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAlR only. For more information about the PAlR system, see http:/lpair-direct.uspto.gov. Should you have questions on access to the Private PAlR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN U.S.A. OR CANADA) or 571-272-1000.
/CAL J EUSTAQUIO/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686
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