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 Amendment
This Office Action is in response to the application filed on 4/1/2024. Claims 1-20 are amended. Claims 1-20 are presently pending and are 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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being obvious over US 20130234651 A1, hereinafter “Buford”, CN 117183666 A, hereinafter “Hu”, and US 20120081127 A1, hereinafter “Fricke”.
Regarding claim 1, Buford, in the same field of endeavor and solving a related problem, discloses A method, comprising:
while an electric vehicle (EV) is connected to a charging point, preconditioning a cabin of the EV to an initial temperature (See [0003], the cabin conditioner for the electric vehicle, i.e. EV, operates during operation of the power charging system, i.e. while the EV is connected to the charging point, to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This is preconditioning the cabin.);
adjusting a temperature in the cabin (See [0003], the cabin conditioner for the electric vehicle operates during operation of the power charging system to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This comprises adjusting the temperature of the cabin.); and
sensing a temperature the temperature in the cabin and stopping the adjusting when the temperature within the cabin reaches a predetermined value (See [0016], the system determines the initiation time for conditioning the cabin for a given departure time using the interior temperature of the cabin. This indicates the temperature within the cabin is sensed. The system conditions the cabin to a target temperature. Examiner asserts that this comprises stopping adjusting the temperature when the cabin reaches a predefined value, namely the target temperature.).
Buford does not explicitly disclose adjusting a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination, or sensing the temperature in the cabin as the EV maneuvers to the destination and stopping the adjusting of the temperature when it reaches a predetermined value.
Hu, in the same field of endeavor and solving a related problem, renders obvious adjusting a temperature in the cabin as the EV maneuvers to a destination (See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. See page 8 paragraph 5-page 9 paragraph 1 and page 9 paragraph 3-5, the system reduces the target temperature of the cabin in order to redirect heating energy towards heating the battery if the system determines it is a better use of heating power); and sensing a temperature within the cabin while the EV maneuvers to the destination and stopping the adjusting when the temperature within the cabin reaches a predefined value (See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. Examiner asserts that this comprises stopping adjusting the temperature when the target temperature, which is a predefined value, is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford to include distributing heating energy between heating the cabin and battery of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Buford combined with Hu does not explicitly disclose at predetermined distance intervals.
Fricke, in the same field of endeavor and solving a related problem, renders obvious at predetermined distance intervals (See [0027], the state of the vehicle battery can be determined at specific, i.e. predetermined, distance intervals. See [0023], determining the state of the battery comprises determining its temperature.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for managing cabin and battery temperatures disclosed by Buford and Hu to include determining the battery state at specific distance intervals and using the battery state to determine the target cabin temperature, as suggested by Fricke. One of ordinary skill in the art would have been motivated to make this modification in order to provide better estimates of the battery and its capabilities by taking into account the current state of the battery, as suggested by Fricke at [0023].
Regarding claim 2, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Buford further discloses receiving an initiation signal from a mobile device, and wherein the preconditioning comprises preconditioning the cabin in response to the receiving of the initiation signal (See [0015], a fob, which is a mobile device, activates and controls the cabin conditioning system. Activating the conditioning system indicates that the signal from the fob was an initiation signal.).
Regarding claim 3, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Buford further discloses drawing power from the charging point and running one or more of a heating system or a cooling system of the EV using the power (See Abstract, the power charging system charges the battery. The cabin conditioning system is operated during operation of the power charging system. Examiner asserts that any heating or cooling systems within the EV are therefore operated using power from the charging point. See [0015], the cabin conditioning system controls heating, ventilation, and air conditioning systems. See [0016], the cabin conditioning system preconditions the cabin to reach a desired target temperature.).
Regarding claim 4, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Hu renders obvious at each subsequent predetermined distance interval, decreasing the temperature of the cabin until the temperature reaches the predetermined temperature value, and maintaining the predetermined value until the destination is reached (See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that this indicates decreasing the temperature of the cabin to the target temperature occurs. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 5, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Hu renders obvious at each subsequent predetermined distance interval, increasing the temperature reaches the predetermined value, and maintaining the predetermined value until the destination is reached (See page 2 paragraph 5-page 3 paragraph 1, the system determines if there is a benefit to heating the battery to a first target temperature. If it is, the system redirects the heating system to heat the battery. The system stops redirecting heat to the battery when the battery reaches the first target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the predetermined temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that it would be obvious to increase the target temperature of the cabin once the battery reaches its target temperature. See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, followed by restoring the original target cabin temperature once the battery has reached its target temperature, as suggested by Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 6, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Buford further discloses altering activation and deactivation of a plurality of different cooling systems of the EV until the temperature within the cabin reaches the predefined value (See [0015], the cabin conditioning system controls, which comprises activates and deactivates, air conditioning and ventilation systems. These are different cooling systems.).
Regarding claim 7, Buford combined with Hu and Fricke renders obvious the limitations of claim 1. Hu renders obvious detecting that the EV is a predetermined distance from the destination, and wherein the adjusting comprises adjusting the initial temperature of the cabin at the predetermined distance intervals beginning when the EV is at the predetermined distance from the destination (See page 6 paragraph 3, the system determines the travel length, i.e. distance of the vehicle from the destination. The vehicle is classified as operating in the short-distance scene, i.e. operating regime, if the travel distance is less than a threshold value, i.e. a predetermined distance from the destination. See page 9 paragraph 6-page 10 paragraph 2, once the system determines that the vehicle is in a short-distance scene, it starts adjusting the cabin temperature according to the short-distance scene heating strategy.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including specific heating strategies once the vehicle is within a certain distance of the destination, as suggested by Hu. One of ordinary skill in the art would have been motivated to make this modification in order to balance increasing mileage of the vehicle with passenger comfort while taking into account factors specific to short travel distance in order to optimally allocate the heating energy, as suggested by Hu at page 10 paragraph 1.
Regarding claim 8, Buford, in the same field of endeavor and solving a related problem, discloses An apparatus (See abstract, the methods described are implemented in a programmable cabin conditioner, i.e. an apparatus.) comprising:
a processor that executes instructions in a memory to configure the processor to (See Fig. 3 and [0018], the controller is represented as a computer. The controller receives data through a wireless connection and performs several calculations. Examiner asserts that this indicates that the controller is a computer. Computers comprise processors coupled to a memory. See [0016]-[0018], the controller determines when to begin cabin conditioning, i.e. controls execution of the following steps. See Fig. 3 and [0018], the controller is represented as a computer. The controller receives data through a wireless connection and performs several calculations. Examiner asserts that this indicates that the controller is a computer. Computers comprise a memory):
while an electric vehicle (EV) is connected to a charging point, precondition a cabin of the EV to an initial temperature (See [0003], the cabin conditioner for the electric vehicle, i.e. EV, operates during operation of the power charging system, i.e. while the EV is connected to the charging point, to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This is preconditioning the cabin.);
adjust a temperature in the cabin (See [0003], the cabin conditioner for the electric vehicle operates during operation of the power charging system to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This comprises adjusting the temperature in the cabin.); and
sense the temperature in the cabin and stop the temperature from being adjusted when the temperature within the cabin reaches a predetermined value (See [0016], the system determines the initiation time for conditioning the cabin for a given departure time using the interior temperature of the cabin. This indicates the temperature within the cabin is sensed. The system conditions the cabin to a target temperature. This comprises stopping adjusting the temperature when the cabin reaches a predetermined value, namely the target temperature.).
Buford does not explicitly disclose adjust a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination, or sense the temperature in the cabin as the EV maneuvers to the destination and stop the temperature from being adjusted when the temperature within the cabin reaches a predetermined value.
Hu, in the same field of endeavor and solving a related problem, renders obvious adjust a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination (See page 6 paragraph 2-3, the vehicle “scene”, i.e. operating regime, is determined and used to control the vehicle’s heating strategy. The vehicle scene can be determined by observing the vehicle’s continuous traveling mileage and stopping times. This is monitoring movement of the EV as it maneuvers toward a destination. See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. See page 8 paragraph 5-page 9 paragraph 1 and page 9 paragraph 3-5, the system reduces the target temperature of the cabin in order to redirect heating energy towards heating the battery if the system determines it is a better use of heating power); and sense the temperature in the cabin as the EV maneuvers to the destination and stop the temperature from being adjusted when the temperature within the cabin reaches a predetermined value (See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. This comprises stopping adjusting the temperature when the target temperature, which is a predefined value, is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford to include distributing heating energy between heating the cabin and battery of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Buford combined with Hu does not explicitly disclose at predetermined distance intervals.
Fricke, in the same field of endeavor and solving a related problem, renders obvious at predetermined distance intervals (See [0027], the state of the vehicle battery can be determined at specific, i.e. predetermined, distance intervals. See [0023], determining the state of the battery comprises determining its temperature.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for managing cabin and battery temperatures disclosed by Buford and Hu to include determining the battery state at specific distance intervals and using the battery state to determine the target cabin temperature, as suggested by Fricke. One of ordinary skill in the art would have been motivated to make this modification in order to provide better estimates of the battery and its capabilities by taking into account the current state of the battery, as suggested by Fricke at [0023].
Regarding claim 9, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Buford further discloses receive an initiation signal from a mobile device, and wherein, when the processor preconditions the cabin, the processor is configured to: precondition the cabin in response to the initiation signal from the mobile device being received. (See [0015], a fob, which is a mobile device, activates and controls the cabin conditioning system. Activating the conditioning system indicates that the signal from the fob was an initiation signal. Conditioning the cabin remotely, i.e. before the driver is in the vehicle, is preconditioning the cabin.).
Regarding claim 10, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Buford further discloses draw power from the charging point and run one or more of a heating system or a cooling system within the EV using the power (See Abstract, the power charging system charges the battery. The cabin conditioning system is operated during operation of the power charging system. Examiner asserts that any heating or cooling systems within the EV are therefore operated using power from the charging point. See [0015], the cabin conditioning system controls heating, ventilation, and air conditioning systems. See [0016], the cabin conditioning system preconditions the cabin to reach a desired target temperature.).
Regarding claim 11, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Hu renders obvious at each subsequent predetermined distance interval, decrease the temperature until the temperature reaches the predetermined value, and maintain the predetermined value until the destination is reached (See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the predetermined temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that this indicates decreasing the temperature of the cabin to the target temperature occurs. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 12, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Hu renders obvious wherein, when the processor adjusts the temperature, the processor is configured to: at each subsequent predetermined distance interval increase the temperature of the cabin until the temperature reaches the predetermined value, and maintain the predetermined value until the destination is reached (See page 2 paragraph 5-page 3 paragraph 1, the system determines if there is a benefit to heating the battery to a first target temperature. If it is, the system redirects the heating system to heat the battery. The system stops redirecting heat to the battery when the battery reaches the first target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the predetermined temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that it would be obvious to increase the target temperature of the cabin once the battery reaches its target temperature. See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, followed by restoring the original target cabin temperature once the battery has reached its target temperature, as suggested by Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 13, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Buford further discloses when the processor adjusts the temperature, the processor is configured to: alter an activation and deactivation of a plurality of different cooling systems of the EV until the temperature within the cabin reaches the predefined value (See [0015], the cabin conditioning system controls, which comprises activates and deactivates, air conditioning and ventilation systems. These are different cooling systems.).
Regarding claim 14, Buford combined with Hu and Fricke renders obvious the limitations of claim 8. Hu renders obvious detect that the EV is a predetermined distance from the destination, and wherein, when the processor adjusts the temperature, the processor is configured to: adjust the temperature at the predetermined distance intervals beginning when the EV is at the predetermined distance (See page 6 paragraph 3, the system determines the travel length, i.e. distance of the vehicle from the destination. The vehicle is classified as operating in the short-distance scene, i.e. operating regime, if the travel distance is less than a threshold value, i.e. a predetermined distance from the destination. See page 9 paragraph 6-page 10 paragraph 2, once the system determines that the vehicle is in a short-distance scene, it starts adjusting the cabin temperature according to the short-distance scene heating strategy.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including specific heating strategies once the vehicle is within a certain distance of the destination, as suggested by Hu. One of ordinary skill in the art would have been motivated to make this modification in order to balance increasing mileage of the vehicle with passenger comfort while taking into account factors specific to short travel distance in order to optimally allocate the heating energy, as suggested by Hu at page 10 paragraph 1.
Regarding claim 15, Buford, in the same field of endeavor and solving a related problem, discloses A non-transitory computer-readable storage medium comprising instructions that, when executed by a processor cause the processor to perform (See Fig. 3 and [0018], the controller is represented as a computer. The controller receives data through a wireless connection and performs several calculations. Examiner asserts that this indicates that the controller is a computer. Computers comprise processors coupled to a memory, i.e. computer-readable storage media, storing instructions necessary for executing tasks. See [0016]-[0018], the controller determines when to begin cabin conditioning, i.e. controls execution of the following steps.):
while an electric vehicle (EV) is connected to a charging point, preconditioning a cabin of the EV to an initial temperature (See [0003], the cabin conditioner for the electric vehicle, i.e. EV, operates during operation of the power charging system, i.e. while the EV is connected to the charging point, to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This is preconditioning the cabin.);
adjusting a temperature in the cabin (See [0003], the cabin conditioner for the electric vehicle operates during operation of the power charging system to provide a desired initial cabin conditioning environment. See [0015], the cabin conditioning environment comprises a target temperature and therefore an initial temperature. This comprises adjusting the temperature of the cabin.); and
sensing the temperature in the cabin and stopping adjusting of the temperature when it reaches a predetermined value (See [0016], the system determines the initiation time for conditioning the cabin for a given departure time using the interior temperature of the cabin. This indicates the temperature within the cabin is sensed. The system conditions the cabin to a target temperature. This comprises stopping adjusting the temperature when the cabin reaches a predetermined value, namely the target temperature.).
Buford does not explicitly disclose adjusting a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination, or sensing the temperature in the cabin as the EV maneuvers to the destination and stopping adjusting of the temperature when it reaches a predetermined value.
Hu, in the same field of endeavor and solving a related problem, renders obvious adjusting a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination (See page 6 paragraph 2-3, the vehicle “scene”, i.e. operating regime, is determined and used to control the vehicle’s heating strategy. The vehicle scene can be determined by observing the vehicle’s continuous traveling mileage and stopping times. This is monitoring movement of the EV as it maneuvers toward a destination. See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. See page 8 paragraph 5-page 9 paragraph 1 and page 9 paragraph 3-5, the system reduces the target temperature of the cabin in order to redirect heating energy towards heating the battery if the system determines it is a better use of heating power); and sensing the temperature in the cabin as the EV maneuvers to the destination and stopping adjusting of the temperature when it reaches a predetermined value (See page 3 paragraph 5-6, the system controls operation of the heating system to heat the temperature of the passenger compartment to a target temperature. This comprises stopping adjusting the temperature when the target temperature, which is a predetermined value, is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford to include distributing heating energy between heating the cabin and battery of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Buford combined with Hu does not explicitly disclose at predetermined distance intervals.
Fricke, in the same field of endeavor and solving a related problem, renders obvious at predetermined distance intervals (See [0027], the state of the vehicle battery can be determined at specific, i.e. predetermined, distance intervals. See [0023], determining the state of the battery comprises determining its temperature.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for managing cabin and battery temperatures disclosed by Buford and Hu to include determining the battery state at specific distance intervals and using the battery state to determine the target cabin temperature, as suggested by Fricke. One of ordinary skill in the art would have been motivated to make this modification in order to provide better estimates of the battery and its capabilities by taking into account the current state of the battery, as suggested by Fricke at [0023].
Regarding claim 16, Buford combined with Hu and Fricke renders obvious the limitations of claim 15. Buford further discloses receiving an initiation signal from a mobile device, and wherein the preconditioning comprises: preconditioning the cabin in response to the receiving of the initiation signal (See [0015], a fob, which is a mobile device, activates and controls the cabin conditioning system. Activating the conditioning system indicates that the signal from the fob was an initiation signal.).
Regarding claim 17, Buford combined with Hu and Fricke renders obvious the limitations of claim 15. Buford further discloses drawing power from the charging points and running one or more of a heating system or a cooling system of the EV using the power (See Abstract, the power charging system charges the battery. The cabin conditioning system is operated during operation of the power charging system. Examiner asserts that any heating or cooling systems within the EV are therefore operated using power from the charging point. See [0015], the cabin conditioning system controls heating, ventilation, and air conditioning systems. See [0016], the cabin conditioning system preconditions the cabin to reach a desired target temperature.).
Regarding claim 18, Buford combined with Hu and Fricke renders obvious the limitations of claim 15. Hu renders obvious at each subsequent predetermined distance interval, decreasing the temperature until the temperature reaches the predetermined value, and maintaining the predetermined value until the destination is reached (See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the predetermined temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that this indicates decreasing the temperature of the cabin to the target temperature occurs. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, of Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 19, Buford combined with Hu and Fricke renders obvious the limitations of claim 15. Hu renders obvious at each subsequent predetermined distance interval, increasing the temperature until the temperature reaches the predetermined value, and maintaining the predetermined value until the destination is reached(See page 2 paragraph 5-page 3 paragraph 1, the system determines if there is a benefit to heating the battery to a first target temperature. If it is, the system redirects the heating system to heat the battery. The system stops redirecting heat to the battery when the battery reaches the first target temperature. See page 8 paragraph 6-page 9 paragraph 1, the system reduces the target temperature of the cabin, i.e. the predetermined temperature value, in order to redirect heating energy to heat the battery. Examiner asserts that it would be obvious to increase the target temperature of the cabin once the battery reaches its target temperature. See page 3 paragraph 8-9, the system heats the cabin until the cabin reaches the target temperature. If this procedure occurs at predetermined distance intervals, as suggested by the teachings of Fricke, there will be final changing of the target temperature value, after which the cabin temperature will reach the target temperature value and be maintained until the destination is reached).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system for preconditioning cabin temperature of an electric vehicle disclosed by Buford and Fricke to include distributing heating energy between heating the cabin and battery, including decreasing the target cabin temperature in order to redirect heating energy to the battery and increase battery mileage, followed by restoring the original target cabin temperature once the battery has reached its target temperature, as suggested by Hu. One of ordinary skill in the art would have been motivated to make this modification in order to increase mileage of the vehicle in cold weather as suggested by Hu at page 1 paragraph 3-page 2 paragraph 2.
Regarding claim 20, Buford combined with Hu and Fricke renders obvious the limitations of claim 15. Buford further discloses altering activation and deactivation of a plurality of different cooling systems of the EV until the temperature within the cabin reaches the predefined value (See [0015], the cabin conditioning system controls, which comprises activates and deactivates, air conditioning and ventilation systems. These are different cooling systems.).
Response to Arguments
(A) Applicant argues “Claim Objections
Claims 1, 4, 5, 7, 8, 11, 12, 14, 15, 18, and 19 are objected to because of the following informalities. Independent claims 1, 8, and 15 recite adjust[ing] the initial temperature of the cabin ... and stop[ing] adjusting when the temperature within the cabin reaches a predefined value. It is impossible to adjust the initial temperature in order to affect the current temperature of the vehicle after the vehicle has begun operation, i.e. the temperature at a given time that the vehicle can adjust is no longer initial. Dependent claims 4, 5, 7, 11, 12, 14, 18, and 19 refer to the same initial temperature with independent claims 1, 8, and 15 providing the antecedent basis. Appropriate correction is required.
Without conceding this objection, Applicant amends claims 1, 8, and 15 to address the Examiner's concern. Accordingly, Applicant requests that thePage
Examiner reconsider and withdraw this objection.”
As to (A), Examiner agrees that the objections have been overcome by the amendment.
(B) Applicant argues “Reiection under 35 U.S.C. 101
Claims 15-20 are rejected under 35 U.S.C. 101 as allegedly not directed to a statutory category of invention.
Without conceding this rejection, Applicant amends claims 15-20 to address the Examiner's concern. Accordingly, Applicant requests that the Examiner reconsider and withdraw this rejection.”
As to (B), Examiner agrees that the rejections under 35 USC 101 have been overcome by the amendment.
(C) Applicant argues “Reiection under 35 U.S.C. 103
Claims 1-20 are rejected under 35 U.S.C. 103 as allegedly unpatentable over U.S. Patent Application Pub. No. 2013/0234651 to BUFORD in view of Chinese Patent Application CN 117183666 to Hu et al (HU), and U.S. Patent Application Pub. No. 2012/0081127 to Fricke et al. (FRICKE). Applicant traverses this rejection.
Independent claim 1 recites "adjusting a temperature in the cabin at predetermined distance intervals as the EV maneuvers to a destination." Whether considered separately or in any reasonable combination, BUFORD, HU, and FRICKE do not disclose or suggest this feature of claim 1.
The Examiner concedes that BUFORD does not disclose "adjusting the initial temperature of the cabin at predetermined distance intervals while the EVmaneuvers to the destination" and relies on p. 3, 5-6; p. 8
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, 1 5 to p. 9, 11; and p. 9, 3-5 of HU
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for allegedly disclosing "adjusting the initialtemperature of the cabin while the EV maneuvers to the destination"(OfficePage 10 of
Action, p. 6). The Examiner further conceded that the combination of BURFORD and HU does not disclose "at a predetermined distance" and relies on 23 and 27 of FRICKE for allegedly disclosing this feature (Office Action, p. 7). Applicant disagrees and submits that the Examiner has failed to establish a prima facie case of obviousness.
1. Applicant objects to the Examiner's piecemeal examination of the above feature of claim 1. MPEP 2103(C) recites, in relevant part:
[W]hen evaluating the scope of a claim, every limitation in the claim must be considered. USPTO personnel may not dissect a claimed invention into discrete elements and then evaluate the
elements in isolation. Instead, the claim as a whole must be
considered. See, e.g., Diamond v. Diehr, 450 U.S. 175, 188-89,
209 USPQ 1, 9 (1981) ("In determining the eligibility of
respondents' claimed process for patent protection under § 101, their claims must be considered as a whole. It is inappropriate to dissect the claims into old and new elements and then ignore the
presence of the old elements in the analysis. This is particularly true in a process claim because a new combination of steps in a
process may be patentable even though all the constituents of
the combination were well known and in common use before the
combination was made.").
Here, the Examiner has dissected claim 1 into discrete elements and evaluated these elements in isolation, rather than considering the claim as a whole, which is expressly forbidden by the above-cited section of the MPEP.
For instance, claim 1 does not separately recite "adjusting a temperature in the cabin from the initial temperature as the EV maneuvers to a destination" and "at a predetermined distance intervals [sic]," as alleged by the Examiner. Instead, claim 1 recites, "adjusting a temperature in the cabin from the initial temperature at predetermined distance intervals as the EV maneuvers to a destination; sensing the temperature in the cabin as the EVPage 11 of 16
maneuvers to the destination." Thus, claim 1 links the adjustment of the temperature with the predetermined distance intervals.
Rather than addressing this specifically recited feature of claim 1, the Examiner breaks the feature down into illogical parts by pointing to portions of HU for allegedly disclosing "adjusting a temperature in the cabin from the initial temperature as the EV maneuvers to a destination" and to unrelated portions of FRICKE for allegedly disclosing "at a predetermined distance intervals [sic]." Such an attempt to reconstruct Applicant's claims is clearly impermissible, as set forth in the above-cited section of the MPEP, as it fails to disclose the claimed linkage between the temperature adjustment and the predetermined distance intervals. Nevertheless, the Applicant submits that the sections of HU and FRICKE relied upon by the Examiner do not disclose or suggest the above feature of claim 1.
HU
HU discloses regulating the passenger compartment toward preset target temperatures - e.g., repeatedly detecting the compartment temperature, increasing the compressor speed, and, if needed, starting a heater until the compartment reaches a set target, then maintaining power. None of HU's passages state that these adjustments occur during vehicle maneuvering to a destination. Where HU mentions trip length or navigation, it is only to classify scenarios (short- vs. long-distance) or to select heat sources and battery-heating behavior, not to adjust cabin temperature during driving. Because the claim requires that the temperature-adjusting step occur while the vehicle is en route, and HU is silent on any cabin-temperature adjustment occurring during maneuvering, HU fails to meet this concurrency requirement.
FRICKE
1. At the outset, Applicant submits that FRICKE is non-analogous art. Under MPEP 2141.01(a), a reference is analogous art only if it is (i) from the same field of endeavor as the claimed invention or (ii) reasonably pertinent to the problem faced by the inventor.
Field of endeavor: The claim feature at issue is "adjusting a temperature in
the cabin at predetermined distance intervals as the EV maneuvers to a destination." In contrast, 23-27 of FRICKE relate to battery state determination (e.g., determining a state of charge/condition). Battery-state estimation and cabin-temperature adjustment serve different control objectives, involve distinct subsystems, and address distinct problems. Accordingly, FRICKE is not in the same field of endeavor as the claimed feature.
Reasonably pertinent: The claim concerns implementing cabin temperature adjustment during travel at predetermined distance intervals. In contrast, FRICKE is focused on determining the battery's state of charge. FRICKE neither addresses cabin temperature nor suggests any distance-based or on- the-route temperature adjustments. Nothing in FRICKE indicates that its battery-state determination is reasonably pertinent to a person skilled in the art working on distance-based cabin temperature control.
Therefore, FRICKE is non-analogous art and cannot be relied on in support of a rejection under 35 U.S.C. 103.
2. Even if FRICKE could reasonably be construed as analogous art - a point Applicant does not concede - 23-27 of FRICKE do not disclose or suggest "at predetermined distance intervals," as alleged by the Examiner.
Paragraphs 23-27 of FRICKE describe determining a state of the battery (e.g., state of charge/condition) during vehicle operation. Those paragraphs do not state that the determination occurs at predetermined distance intervals. At most, they disclose the general determination/monitoring of a battery state (and, if anything, in a manner consistent with time-, event-, or operational-condition updates). Because the claim expressly requires adjusting cabin temperature "at predetermined distance intervals," and FRICKE fails to disclose or suggest adjusting cabin temperature, or determining battery state at predetermined intervals, FRICKE is not relevant to claim 1.
For at least these reasons, Applicant submits that claim 1 is patentable over BUFORD, HU, and FRICKE, whether considered separately or in any reasonable combination. Accordingly, Applicant requests that the Examiner reconsider and withdraw this rejection of claim 1.
Independent claims 8 and 15 recite features similar to (yet possibly of different scope than) features described above concerning claim 1. Therefore, Applicant submits that claims 8 and 15 are patentable over BUFORD, HU, and FRICKE, whether considered separately or in any reasonable combination, for at least reasons similar to those given above regarding claim 1. Accordingly, Applicant requests that the Examiner reconsider and withdraw this rejection of claims 8 and 15.
The dependent claims are patentable over BUFORD, HU, and FRICKE, whether considered separately or in any reasonable combination, for at least reasons similar to those given above regarding their respective independent
claims. Accordingly, Applicant requests that the Examiner reconsider and withdraw the rejection of these claims.”
As to (C), Examiner does not find the argument persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding Fricke’s status as analogous art, Examiner does not find the argument persuasive. Adjusting cabin temperature depends on an EV’s power system. Monitoring and management of a vehicle’s battery is therefore a related problem. MPEP 2141.01(a) Section I. paragraph 3 states “As for the “reasonably pertinent” test, the examiner should consider the problem faced by the inventor, as reflected - either explicitly or implicitly - in the specification.” (Emphasis added.).
Regarding features disclosed by Fricke, Examiner does not find the argument persuasive. [0027] of Fricke states “It goes without saying the above-described time for the battery-state identification process is not mandatory; said battery-state identification process can also be carried out, in principle, at specific time or distance intervals--given a corresponding driving state.” (Emphasis added.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 119078605 A which relates to control of the temperature of a vehicle’s battery as it maneuvers.
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 AUSTIN ROBERT CHENNAULT whose telephone number is (571)272-4606. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm EST.
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/AUSTIN ROBERT CHENNAULT/Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
4/6/26
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