DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 8, 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kechmir (US 2020/0132779).
Regarding claim 8, Uchida discloses a protective device for a high-voltage battery in an electrified motor vehicle (sec 0019-0026, 0046, 0047, 0057-0061; figs. 1, 2, 8, 10), comprising:
a display screen (sec 0027, 0032, 0054; figs. 1, 2, 8); and
an electronic control unit (sec 0023, 0057, 0058; 1, 2, figs. 10) configured to:
determine a first predicted state of health of a high-voltage battery and a second predicted state of health of the high-voltage battery on the basis of defined parameters (sec 0019-0026, 0046, 0047, 0057-0061; figs. 1, 2, 10); and
output the first predicted state of health and the second predicted state of health in the form of two separate displays on the display screen (see charts of separate display areas outputting first and second predicted state of health respectively; figs. 8&9; sec 0054, 0055), wherein the first predicted state of health is determined on the basis of past usage behavior (see charts of separate display areas outputting first predicted state of usage; figs. 8&9; sec 0054, 0055) and the second predicted state of health is determined on the basis of an assumption that at least one specified usage recommendation (sec 0043, 0044) is followed in the future (see charts of separate display areas outputting second predicted state of usage recommendation to be followed or action to be followed in the future; figs. 8&9; sec 0054, 0055, 0060),
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (figs. 8&9; sec 0054, 0055, 0060).
Regarding claim 10, Uchida discloses the protective device according to claim 8, wherein the determination of the first predicted state of health and the determination of the second predicted state of heath are based on a defined period of time (figs. 8&9; sec 0019-0027, 0046, 0047, 0057-0061). .
Regarding claim 11, Uchida discloses the protective device according to claim 8, wherein the electronic control unit is configured to display second predicted state of health on the display screen according to an event rule in connection with a particular usage recommendation which is presently output (figs. 8&9; sec 0019-0027, 0046, 0047, 0057-0061).
Regarding claim 12, Uchida discloses the protective device according to claim 8, wherein the electronic control unit is configured to output a usage recommendation only if it leads to an improved second state of health (sec 0054, 0060, 0061).
Regarding claim 13, Uchida discloses a vehicle comprising: a protective device for a high-voltage battery in an electrified motor vehicle (figs. 8&9; sec 0019-0027, 0046, 0047, 0057-0061), comprising:
a display screen (sec 0027, 0032, 0054; figs. 1, 2, 8); and
an electronic control unit (sec 0023, 0057, 0058; 1, 2, figs. 10) configured to:
determine a first predicted state of health of a high-voltage battery and a second predicted state of health of the high-voltage battery on the basis of defined parameters (sec 0019-0026, 0046, 0047, 0057-0061; figs. 1, 2, 10); and
output the first predicted state of health and the second predicted state of health in the form of two separate displays on the display screen (see charts of separate display areas outputting first and second predicted state of health respectively; figs. 8&9; sec 0054, 0055), wherein the first predicted state of health is determined on the basis of past usage behavior (see charts of separate display areas outputting first predicted state of usage; figs. 8&9; sec 0054, 0055) and the second predicted state of health is determined on the basis of an assumption that at least one specified usage recommendation (sec 0043, 0044) is followed in the future (see charts of separate display areas outputting second predicted state of usage recommendation to be followed or action to be followed in the future; figs. 8&9; sec 0054, 0055, 0060),
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (figs. 8&9; sec 0054, 0055, 0060).
Regarding claim 14, Uchida discloses a computer readable storage medium comprising a set of set of instructions that when executed by a control unit, cause the control unit to:
determine a first predicted state of health of a high-voltage battery and a second predicted state of health of the high-voltage battery on the basis of defined parameters sec 0019-0026, 0046, 0047, 0057-0061; figs. 1, 2, 10); and
output on a display screen the first predicted state of health and the second predicted state of health in the form of two separate displays on the display screen (see charts of separate display areas outputting first and second predicted state of health respectively; figs. 8&9; sec 0054, 0055), wherein the first predicted state of health is determined on the basis of past usage behavior (see charts of separate display areas outputting first predicted state of usage; figs. 8&9; sec 0054, 0055) and the second predicted state of health is determined on the basis of an assumption that at least one specified usage recommendation (sec 0043, 0044) is followed in the future (see charts of separate display areas outputting second predicted state of usage recommendation to be followed or action to be followed in the future; figs. 8&9; sec 0054, 0055, 0060),
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (figs. 8&9; sec 0054, 0055, 0060).
Claims 1, 13 and 14 are at least rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uchida (US Pub 2010/00007481).
Regarding claim 1, Uchida (US Pub 2010/00007481) discloses a protective device for a high-voltage battery in an electric motor vehicle with a display [See screen 50 in Figure 1 and screen 50a in Figure 20] and with an electronic control unit [See device 40 in Figures 1 & 2], designed to provide, on the basis of defined parameters, an initial predicted aging state [See Figures 5 - 17 for various information that can be displayed on the screen; See "life expectancy" regarding "current status" in Figure 10] of the high-voltage battery, as well as a second predicted aging state [See "life expectancy" regarding "after improvement" in Figure 10] of the high-voltage battery, determined and displayed in the form of two separate indicators on the display [See Figure 10], whereby the first predicted aging state is determined based on past usage [Paragraph 0080] and the second predicted aging state is determined based on the assumption that at least one predefined usage recommendation will be followed in the future [See Paragraph 0080 mentioning the improvements shown in Figure 8; see the details of Figure 8 in Paragraph 0079, 0080],
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (Figures. 7, 8, 10, 16; Paragraph 0078-0082, 0084).
Regarding claims 13 and 14, Uchida (US Pub 2010/00007481) discloses computer readable storage medium in a vehicle comprising a set of set of instructions that when executed by a control unit [See screen 50 in Figure 1, 2 and screen 50a in Figure 20; Paragraph 0079, 0080], cause the control unit to:
determine a first predicted state of health of a high-voltage battery and a second predicted state of health of the high-voltage battery on the basis of defined parameters [See "life expectancy" regarding "after improvement" in Figure 10]; and
output on a display screen [See screen 50 in Figure 1 and screen 50a in Figure 20] the first predicted state of health and the second predicted state of health in the form of two separate displays on the display screen [See screen 50 in Figure 1 and screen 50a in Figure 20], wherein the first predicted state of health is determined on the basis of past usage behavior and the second predicted state of health is determined on the basis of an assumption that at least one specified usage recommendation is followed in the future [See Paragraph 0080 mentioning the improvements shown in Figure 8; see the details of Figure 8 in Paragraph 0079, 0080],
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (Figures. 7, 8, 10, 16; Paragraph 0078-0082, 0084).
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive.
Applicant has amended the claims by rolling the subject matter of claim 9 into the independent claims. Applicant further traverses the rejections on the grounds that the prior art do not read on the claims. The examiner respectfully disagrees.
The prior art teaches the limitations:
output on a display screen the first predicted state of health and the second predicted state of health in the form of two separate displays on the display screen (see charts of separate display areas outputting first and second predicted state of health respectively; figs. 8&9; sec 0054, 0055), wherein the first predicted state of health is determined on the basis of past usage behavior (see charts of separate display areas outputting first predicted state of usage; figs. 8&9; sec 0054, 0055) and the second predicted state of health is determined on the basis of an assumption that at least one specified usage recommendation (sec 0043, 0044) is followed in the future (see charts of separate display areas outputting second predicted state of usage recommendation to be followed or action to be followed in the future; figs. 8&9; sec 0054, 0055, 0060),
wherein the electronic control unit is configured to display at least one usage recommendation on the display screen at the same time as displaying the second predicted state of health on the display screen (figs. 8&9; sec 0054, 0055, 0060).
As such the prior art clearly reads on the claims. Prior art according the MPEP are not required recite the exact terms in the claims for the prior art to read on the claims. So at this point applicant position and the examiner’s position are basically a matter of interpretation. The examiner’s interpretation is not in agreement with that of applicant.
Uchida also reads on amended claims 8, 13, 14.
When a vehicle is manufactured the vehicle is manufactured on an assumption that a controller therein operates the vehicle according to the manner it was designed to operate. In this case a controller in the prior art operates such that a first predicted aging state is determined based on past usage [Paragraph 0080] and the second predicted aging state is determined based on the assumption that at least one predefined usage recommendation will be followed in the future. As such the prior art reads on the claims.
Applicant is respectfully requested to amend the claims to overcome the prior art or go to the Board or abandon the case.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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