DETAILED ACTIONS
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/29/2024 and 05/16/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.
Claim Rejections- 35 USC §101
U.S.C. §101 reads as follows:
Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement thereof,
may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C.§101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Regarding Claim 1,
A controller for a heating system that heats a battery using a liquid heat medium, the controller comprising:
a processor that
calculates an upper limit temperature of the heat medium during heating of the battery, wherein the processor lowers the upper limit temperature, as thermal deterioration of the heat medium progresses.
The claim limitations underlined above is abstract idea, and the remaining limitations are “additional elements”.
Step 1 (Statutory Category): Yes. we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (a mathematical manipulation). Therefore, it is directed to a statutory category, i.e., a mathematical manipulation.
Step 2 A, Prong-1 (the claim is evaluated to determine whether it is directed to a judicial-exception/abstract-idea): Yes.
In the above claim, the underlined portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exception. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation that covers mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion and mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations, a mathematical manipulation).
For example, steps of “calculates an upper limit temperature of the heat medium during heating of the battery, wherein the processor lowers the upper limit temperature, as thermal deterioration of the heat medium progresses.
”, represents the mathematical concepts or formula implemented by software (see Specification page 10, lines 28-29, each step is implemented by software processing by battery ECU 50, also see page 13). These steps represent a process (a mathematical manipulation) that, under its broadest reasonable interpretation, it encompasses a computational processing based on the heat index data using a processor/computer.
Step 2A, Prong-2 (the claim is evaluated to determine whether the judicial exception/abstract-idea is integrated into a Practical Application): No.
Claim 1 recites additional elements
“A controller for a heating system that heats a battery using a liquid heat medium”; are data generating means, for the particular technological environment or field of use. A controller, and the heat medium/ environment represent mere data gathering steps and only add an insignificant extra-solution activity to the judicial exception. The above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Step 2B (the claim is evaluated to determine whether recites additional elements that amount to an inventive concept, or also, the additional elements are significantly more than the recited the judicial-exception/abstract-idea): No. the additional element(s) are just insignificant extra-solution activity which are simply routine and conventional steps previously known to the pertinent industry that includes acquiring data from external factors such as heating medium. Therefore, the claim does not include additional element(s) significantly more, and/or, does not amount to more than the judicial-exception/abstract-idea itself and the claim is not patent eligible.
claims 2-14 are rejected under 35 U.S.C. 101 because claims depend on claim 1, therefore, has the abstract idea of claim 1 and also has the routine and conventional structure above of claim 1. In addition, claims 2- 14 further recite the elements which are simply more standard computational, mathematical-calculation to data gathering /generate data and/ or a model, and. Furthermore, claims 2-14 do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Regarding Claim 15,
A method for managing a heat medium, the method comprising:
calculating an upper limit temperature of a liquid heat medium; and heating a battery using the heat medium,
wherein the calculating includes lowering the upper limit temperature, as thermal deterioration of the heat medium progresses.
The claim limitations underlined above is abstract idea, and the remaining limitations are “additional elements”.
Step 1 (Statutory Category): Yes. we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (a mathematical manipulation). Therefore, it is directed to a statutory category, i.e., a mathematical manipulation.
Step 2 A, Prong-1 (the claim is evaluated to determine whether it is directed to a judicial-exception/abstract-idea): Yes.
In the above claim, the underlined portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exception. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation that covers mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion and mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations, a mathematical manipulation).
For example, steps of “calculating an upper limit temperature of a liquid heat medium, the calculating includes lowering the upper limit temperature, as thermal deterioration of the heat medium progresses.
”, represents the mathematical concepts or formula implemented by software (see Specification page 10, lines 28-29, each step is implemented by software processing by battery ECU 50, also see page 13). These steps represent a process (a mathematical manipulation) that, under its broadest reasonable interpretation, it encompasses a computational processing based on the heat index data using a processor/computer.
Step 2A, Prong-2 (the claim is evaluated to determine whether the judicial exception/abstract-idea is integrated into a Practical Application): No.
Claim 1 recites additional elements
“heating a battery using the heat medium,”; are data generating means, for the particular technological environment or field of use. heating medium/ environment represent mere data gathering environment and steps and only add an insignificant extra-solution activity to the judicial exception. The above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Step 2B (the claim is evaluated to determine whether recites additional elements that amount to an inventive concept, or also, the additional elements are significantly more than the recited the judicial-exception/abstract-idea): No. the additional element(s) are just insignificant extra-solution activity which are simply routine and conventional steps previously known to the pertinent industry that includes acquiring data from external factors such as heating medium. Therefore, the claim does not include additional element(s) significantly more, and/or, does not amount to more than the judicial-exception/abstract-idea itself and the claim is not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ITO YOSHIHIRO. (JP 2021-138322 A, hereinafter ITO, IDS reference).
Regarding Claim 1, Ito teaches,
A controller (Ito, Figure 1, control system 10) for a heating system that heats a battery (Figure 1, a battery 24), using a liquid heat medium, the controller comprising: a processor that calculates an upper limit temperature of the heat medium during heating of the battery (Ito, Figure 1, abstract, liquid temperature adjusting device 36, a temperature sensor 38, and a control unit 26. The control unit 26 implements a control method of the power control system 10 including a step of acquiring temperature information from the temperature sensor 38 and a step of comparing the temperature information with a predetermined temperature range”), wherein the processor lowers the upper limit temperature, as thermal deterioration of the heat medium (page, 3, a liquid heat medium) progresses. (Ito, Page 4, lower bottom paragraph, when the upper limit value 92U of a predetermined temperature range is 0 C. and the temperature information is equal to or less than the upper limit value 92U, the control unit 26 performs limit control. As a result, the power control system 10 can effectively use the regenerative power while protecting the power storage unit in a low temperature environment of 0 ° C. or lower in which the performance of the power storage unit (battery 24) deteriorates. Page 5, top paragraph, Heat adjustment unit 92 ...Temperature range information 92L ... Lower limit value 92U ... Upper limit value”).
Regarding Claim 2, Ito teaches the controller according to claim 1,
Ito further teaches wherein the processor calculates an index indicating a degree of progress of the thermal deterioration of the heat medium based on a temperature of the heat medium, (Ito, Abstract, The control unit 26 implements a control method of the power control system 10 including a step of acquiring temperature information from the temperature sensor 38 and a step of comparing the temperature information with a predetermined temperature range”).
estimates a life of the heat medium based on the index, and lowers the upper limit temperature when the life is estimated to be shorter than a predetermined period, when compared with a case where the life is estimated to be longer than the predetermined period. (Ito, Page 3, middle paragraph, a liquid temperature control unit that circulates a liquid heat medium to exchange heat between the power storage unit and the heat medium, and a temperature detection unit that detects the
temperature of the power storage unit or the heat medium. A control method for a power control system including a control unit for controlling distribution of regenerative power, wherein the control unit includes a step of acquiring temperature information from the temperature detection unit, the temperature information, and a predetermined temperature. A step of comparing with the range is carried out, and when the temperature information is outside the predetermined temperature range, the normal control of supplying the regenerative power to the power storage unit is performed, while the temperature information is the predetermined temperature range. In the case of, the
supply of the regenerative power to the power storage unit is restricted more than the normal control, and the restriction control of supplying the regenerative power to the external power supply unit is performed”)
Regarding Claim 3, Ito teaches the controller according to claim 2,
Ito further teaches wherein the processor repeatedly performs computation processing (Ito, Page 10, middle paragraph, The control unit 26 is composed of a computer (ECU) having a processor 72, a memory 74, and an input / output interface76. for calculating the index, and the computation processing includes processing of calculating, based on the temperature of the heat medium in a period from a previous computation to a current computation, (Ito, Page 13, bottom paragraph, The control unit 26 includes a step of acquiring temperature information from a temperature detection unit and a temperature. A step of comparing the information with a predetermined temperature range is performed, and when the temperature information is outside the predetermined temperature range, the normal control of supplying the regenerative power to the power storage unit is performed, while the temperature information is within the predetermined temperature
Range”).
a micro index indicating a degree of progress of the thermal deterioration of the heat medium in the period, and calculating the index up to the current computation, by adding the micro index in the period, to the index up to the previous computation. (Ito,page As shown in FIG. 3, the temperature range information 92 is set to a
temperature value at which the charge / discharge characteristics of the battery 24 are lowered by a predetermined value or more, and has an upper limit value of 92U and a lower limit value of 92L”).
Regarding Claim 4, Ito teaches the controller according to claim 3, wherein the processor calculates the micro index based on a product of a frequency of the temperature of the heat medium in the period and a coefficient determined for each temperature of the heat medium. (Ito, the battery temperature determination processing unit 84 stores predetermined temperature range information 92 (for example, 0 ° C. to −40 ° C.) in the memory 74 in advance, and compares the temperature information with the temperature range information 92. As shown in FIG. 3, the temperature range information 92 is set to a temperature value at which the charge / discharge characteristics of the battery 24 are lowered by a predetermined value or more, and has an upper limit value of 92U and a lower limit value of 92L”).
Regarding Claim 5, Ito teaches the controller according to claim 3,
Ito further teaches wherein the processor shortens a computation interval of the computation processing, as the index indicates that the thermal deterioration of the heat medium progresses. (ito, page 9-10, the liquid temperature adjusting device 36 raises the temperature of the battery 24 in the low temperature state by circulating the heat medium under the drive of the pump 64 at the time of starting at a low temperature. That is, the liquid temperature adjusting device 36
gradually raises the temperature of the battery 24 with the passage of time by circulating the heat medium. Further, the liquid temperature adjusting device 36 secures the stability of the temperature of the heat medium at the point A by gradually reducing the output of the heater 68 when the heat medium is circulated. As a result, for example, after 15 minutes, the temperature of the battery 24 (the temperature of the heat medium flowing through the pipe 60 located near the downstream side of the battery 24) rises to 0 ° C. or higher”).
Regarding Claim 6, Ito teaches the controller according to claim 2,
Ito further teaches, wherein the processor performs first life estimation processing, and the first life estimation processing includes processing of calculating the index based on information of a region where the heating system is used. (Ito, Page 10 bottom paragraph. the temperature of the battery 24 reaches 20 ° C. before the lapse of one hour. At t1 when the temperature of the battery 24 reaches 20 ° C., the liquid temperature adjusting device 36 stops heating the heater 68 in order to avoid further temperature rise of the battery 24. Therefore, the temperature of the heat medium at the point A drops sharply, but the temperature of the battery 24, which is appropriately charged and discharged, does not drop sharply but gradually
drops. That is, the power control system 10 can smoothly raise the battery 24 to 20 ° C. even in a low temperature environment of −15 ° C. by using the liquid temperature adjusting device 36. Further, as described above, since the temperature of the heat medium detected by the temperature sensor 38 at a position near the downstream side of the battery 24 sufficiently reflects the temperature of the battery 24 itself, the temperature of the battery 24 is monitored by the control unit 26.”).
Regarding Claim 7, Ito teaches the controller according to claim 6,
Ito further teaches, wherein the first life estimation processing includes processing of calculating the index when a temperature load in the region where the heating system is used is applied to the heat medium. (Ito, Page 9, bottom paragraph, the liquid temperature adjusting device 36 prevents the heat medium from freezing by appropriately driving the heater 68 without circulating the heat medium under the control of the heat control unit 70. As a result, the liquid temperature regulator 36 keeps the temperature of the heat medium on the upstream side of the heat exchanger 62 (battery 24) and the downstream side of the heater 68
(point A in FIG. 1) at 30 ° C. even in a low temperature environment. I keep it back and forth.”)
Regarding Claim 8, Ito teaches the controller according to claim 6,
Ito further teaches, wherein the first life estimation processing includes processing of calculating the index when a use load in the region where the heating system is used is applied to the heat medium. (Ito, page 9, Bottom paragraph, the liquid temperature adjusting device 36 raises the temperature of the battery 24 in the low temperature state by circulating the heat medium under the drive of the pump 64 at the time of starting at a low temperature. That is, the liquid temperature adjusting device 36 gradually raises the temperature of the battery 24 with the passage of time by circulating the heat medium. Further, the liquid temperature”)
Regarding Claim 9, Ito teaches the controller according to claim 6,
Ito further teaches, wherein the processor performs second life estimation processing, and the second life estimation processing includes processing of estimating the life by regression analysis of the index over an entire period. (Ito, p[age 3, middle paragraph, liquid temperature control unit that circulates a liquid heat medium to exchange heat between the power storage unit and the heat medium, and a temperature detection unit that detects the temperature of the power storage unit or the heat medium. A control method for a power control system including a control unit for
controlling distribution of regenerative power, wherein the control unit includes a step of acquiring temperature information from the temperature detection unit, the temperature information, and a predetermined temperature. A step of comparing with the range is carried out, and when the temperature information is outside the predetermined temperature range, the normal control of supplying the regenerative power to the power storage unit is performed, while the temperature information is the predetermined temperature range. In the case of, the
supply of the regenerative power to the power storage unit is restricted more than the normal control, and the restriction control of supplying the regenerative power to the external power supply unit is performed.”)
Regarding Claim 10, Ito teaches the controller according to claim 3,
Ito further teaches, wherein the processor performs third life estimation processing, and the third life estimation processing includes processing of estimating the life by regression analysis of a portion of the index over an entire period, the portion including the index up to the current computation. (Ito, page 10, The liquid temperature adjusting device 36 raises the temperature of the battery 24 to 20 ° C. by continuing the circulation of the heat medium while adjusting the amount of heat of the heater 68. Thereby, for example, the temperature of the battery 24 reaches 20 ° C. before the lapse of one hour. At t1 when the temperature of the battery 24 reaches 20 ° C., the liquid temperature adjusting device 36 stops heating the heater 68 in order to avoid further temperature rise of the battery 24. Therefore, the temperature of the heat medium at the point A drops sharply, but the temperature of the battery 24, which is appropriately charged and discharged, does not drop sharply but gradually drops”).
Regarding Claim 11, Ito teaches the controller according to claim 3,
Ito further teaches, wherein the processor performs fourth life estimation processing, the fourth life estimation processing includes processing of combining a result of first life estimation processing and a result of second life estimation processing, the first life estimation processing includes processing of calculating the index based on information of a region where the heating system is used, and the second life estimation processing includes processing of estimating the life by regression analysis of the index over an entire period. (Ito, page 9, bottom, with reference to the graph of FIG. 4, the result of simulating the temperature change of the battery 24 by heat exchange between the heat medium of the liquid temperature adjusting device 36 and the battery 24 will be described. In the graph of FIG. 4, the horizontal axis is
the time (minutes), and the vertical axis is the temperature (° C.) of the battery 24 or the output of the heater 68. In this simulation, it is assumed that the vehicle 12 is constantly placed in a low temperature environment of −15 ° C. as shown by the alternate long and short dash line in FIG. That is, the battery 24 mounted on the vehicle 12 is also lowered to −15 ° C. at the time of starting and stopping due to the low temperature environment of −15 ° C. Therefore, the battery 24 has deteriorated discharge and charge performance as described above”)
Regarding Claim 12, Ito teaches the controller according to claim 11
Ito further teaches wherein the processor increases a ratio of the result of the second life estimation processing used for the fourth life estimation processing, as the index indicates that the thermal deterioration of the heat medium progresses. (Ito, page 13, bottom paragraph, when the upper limit value 92U of a predetermined temperature range is 0 ° C. and the temperature information is equal to or less
than the upper limit value 92U, the control unit 26 performs limit control. As a result, the power control system 10 can effectively use the regenerative power while protecting the power storage unit in a low temperature environment of 0 ° C. or lower in which the performance of the power storage unit (battery 24) deteriorates”)
Regarding Claim 13, Ito teaches the controller according to claim 2, wherein the predetermined period is a guarantee period for the heat medium. (Ito, page 10, adjusting device 36 secures the stability of the temperature of the heat medium at the point A by gradually reducing the output of the heater 68 when the heat medium is circulated. As a result, for example, after 15 minutes, the temperature of the battery 24 (the temperature of the heat medium flowing through the pipe 60 located near the downstream side of the battery 24) rises to 0 ° C. or higher”
Regarding Claim 14, Ito teaches the controller according to claim 1
Ito further teaches A vehicle comprising: the controller according to claim 1; and the heating system. (Ito, figure 1, the vehicle 12)
Regarding Claim 15, Ito teaches
A method for managing a heat medium, the method comprising:
calculating an upper limit temperature of a liquid heat medium; and heating a battery using the heat medium( Ito, Figure 1, abstract, liquid temperature adjusting device 36, a temperature sensor 38, and a control unit 26. The control unit 26 implements a control method of the power control system 10 including a step of acquiring temperature information from the temperature sensor 38 and a step of comparing the temperature information with a predetermined temperature range”), wherein the calculating includes lowering the upper limit temperature, as thermal deterioration of the heat medium progresses. (page, 3, a liquid heat medium) progresses. (Ito, Page 4, lower bottom paragraph, when the upper limit value 92U of a predetermined temperature range is 0 C. and the temperature information is equal to or less than the upper limit value 92U, the control unit 26 performs limit control. As a result, the power control system 10 can effectively use the regenerative power while protecting the power storage unit in a low temperature environment of 0 ° C. or lower in which the performance of the power storage unit (battery 24) deteriorates. Page 5, top paragraph, Heat adjustment unit 92 ...Temperature range information 92L ... Lower limit value 92U ... Upper limit value ”).
Conclusion
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ZHAO et al (CN 113078387 A) recites” The invention discloses a battery coolant temperature control method, a device, a controller, a system and a medium, wherein a heater is controlled to heat battery coolant at the maximum available heating gear, heating is suspended when the battery coolant is heated to the upper limit value of a preset temperature interval, when the temperature of the battery coolant is reduced to the lower limit value of the preset temperature interval, gear shifting heating is carried out to the upper limit value, a balance gear is determined in the process, so that the temperature of the subsequent battery coolant is reduced to the lower limit value again, the heater is controlled to heat at the balance gear, the temperature of the battery coolant is in the preset temperature interval, the temperature of a power battery is raised through heat exchange with the battery coolant, the temperature of the power battery is effectively raised in a low-temperature environment, current impact caused by frequent gear shifting for raising the temperature in the low-temperature environment is reduced, and the risk of over-discharging of the power battery is reduced, the service life of the power battery is prolonged, meanwhile, the cost is reduced, and the user experience is increased..”(Abstract).
ISHIKAWA KAZUHIRO (JP 2021-8967 A) discloses “To provide a maintenance time calculation device and a calculation method capable of appropriately setting a maintenance time corresponding to the degree of deterioration of each component of an engine heat pump. For each component, each of a plurality of state quantities including not only operating conditions such as engine rotation speed and load but also environmental conditions such as outside air temperature, deterioration amount and operating time of engine heat pump components, and so on. Data indicating the relationship between the above is stored in advance. The amount of deterioration is estimated based on the above relationship from the amount of state detected at that time and the operating time, and the degree of deterioration at that time is calculated. The operation time when the degree of deterioration calculated in this way reaches the upper limit is calculated as the individual maintenance period. The shortest individual maintenance period among the calculated individual maintenance periods for each component is selected as the maintenance period for the heat pump. The maintenance period may be calculated only when the fluctuation range of the state quantity is less than a predetermined threshold value.”(Abstract).
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/DILARA SULTANA/Examiner, Art Unit 2858
07/24/2026
/EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 7/24/2026
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