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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8, 10-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites, “…., where the at least one specified usage recommendations comprises both a charging recommendation and a recommended driving manner for operating the motor vehicle”.
The specification does not recites the limitation, “….recommended driving manner for operating the motor vehicle”.
Applicant’s original disclosure recite, “[0041] The display of the second predicted state of health SOH-prediction-new is thus output under the premise that the usage recommendations (charging/driving) are taken into account in the future.” As such the disclosure does not have support for the recited limitation in the claims.
This is new matter.
The rest of the claims are rejected for depending on a rejected base claim or for having similar deficiencies as the base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 8, 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kechmir (US 2020/0132779) in view of CAI, Jun-yu (CN 113340315 A).
Regarding claim 8, Kechmir 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).
Kechmir did not particularly recite, “…., where the at least one specified usage recommendations comprises both a charging recommendation and a recommended driving manner for operating the motor vehicle”.
However, CAI, Jun-yu teaches of the limitation, “…….., wherein at least one specified usage recommendation comprises both a charging recommendation and a recommended driving manner for operating a motor vehicle”. See for example CAI, Jun-yu (In one embodiment, the driving power state information comprises: driving speed, driving habit; at least one of electric habit and battery parameter in the vehicle.
In the embodiment of the invention, according to the driving speed, driving habit, at least one information in the electric habit and the battery parameter in the vehicle, can accurately predict the remaining mileage of the vehicle, so that the information of the recommended charging pile further satisfies the requirement of the user.
In one embodiment, the method further comprises:
obtaining the position information of the charging pile in the range of the remaining endurance mileage;
A recommendation information including position information of the charging pile is generated.
In the embodiment of the invention, the position information of each charging pile capable of providing charging service can be collected in advance, then combined with the predicted remaining endurance mileage, providing effective recommendation information.
In one embodiment, the method further comprises:
under the condition of obtaining the position information of the charging pile in the range of the remaining endurance mileage is failure, according to the remaining mileage as the vehicle recommended re-planning of the driving route.
In the embodiment of the invention, without obtaining the position information of the charging pile in the range of the remaining mileage, recommending re-planned driving route for the vehicle, so as to avoid occurrence of vehicle semi-anchor on the driving road condition).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Kechmir to provide a charging recommendation and a recommended driving manner for operating a motor vehicle for the purpose of improving performance of the vehicle and cost in maintenance as taught by CAI, Jun-yu.
Regarding claim 10, Kechmir 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, Kechmir 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, Kechmir 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, Kechmir 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, Kechmir 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).
Kechmir did not particularly recite, “…., where the at least one specified usage recommendations comprises both a charging recommendation and a recommended driving manner for operating the motor vehicle”.
However, CAI, Jun-yu teaches of the limitation, “…….., wherein at least one specified usage recommendation comprises both a charging recommendation and a recommended driving manner for operating a motor vehicle”. See for example CAI, Jun-yu (In one embodiment, the driving power state information comprises: driving speed, driving habit; at least one of electric habit and battery parameter in the vehicle.
In the embodiment of the invention, according to the driving speed, driving habit, at least one information in the electric habit and the battery parameter in the vehicle, can accurately predict the remaining mileage of the vehicle, so that the information of the recommended charging pile further satisfies the requirement of the user.
In one embodiment, the method further comprises:
obtaining the position information of the charging pile in the range of the remaining endurance mileage;
A recommendation information including position information of the charging pile is generated.
In the embodiment of the invention, the position information of each charging pile capable of providing charging service can be collected in advance, then combined with the predicted remaining endurance mileage, providing effective recommendation information.
In one embodiment, the method further comprises:
under the condition of obtaining the position information of the charging pile in the range of the remaining endurance mileage is failure, according to the remaining mileage as the vehicle recommended re-planning of the driving route.
In the embodiment of the invention, without obtaining the position information of the charging pile in the range of the remaining mileage, recommending re-planned driving route for the vehicle, so as to avoid occurrence of vehicle semi-anchor on the driving road condition).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Kechmir to provide a charging recommendation and a recommended driving manner for operating a motor vehicle for the purpose of improving performance of the vehicle and cost in maintenance as taught by CAI, Jun-yu.
Regarding claim 15, Kechmir in view of . CAI, Jun-yu disclose the protective device of claim 8, but did not particularly recite, “avoidance of at least one of high driving speeds or high driving dynamics”.
It would be obvious to one having ordinary skill in the art at the time the invention was filed that the limitation “the recommended driving manner comprises avoidance of at least one of high driving speeds or high driving dynamics” is an obvious variant of the manner of driving a vehicle. As such the modification would be obvious to one of ordinary skill in the art for the purpose or improving performance and cost of maintaining a vehicle.
Regarding claim 16, Kechmir in view of . CAI, Jun-yu disclose the protective device of claim 8, but did not particularly recite the limitation, “the recommended driving manner comprises use of a steady driving mode.”.
It would be obvious to one having ordinary skill in the art at the time the invention was filed that the limitation “the recommended driving manner comprises use of a steady driving mode.” is an obvious variant of the manner of driving a vehicle. As such the modification would be obvious to one of ordinary skill in the art for the purpose or improving performance and cost of maintaining a vehicle.
Claims 1, 13 and 14 are at least rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uchida (US Pub 2010/0007481) in view of CAI, Jun-yu (CN 113340315 A).
Regarding claim 1, Uchida (US Pub 2010/0007481) 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).
Uchida did not particularly recite, “…., where the at least one specified usage recommendations comprises both a charging recommendation and a recommended driving manner for operating the motor vehicle”.
However, CAI, Jun-yu teaches of the limitation, “…….., wherein at least one specified usage recommendation comprises both a charging recommendation and a recommended driving manner for operating a motor vehicle”. See for example CAI, Jun-yu (In one embodiment, the driving power state information comprises: driving speed, driving habit; at least one of electric habit and battery parameter in the vehicle.
In the embodiment of the invention, according to the driving speed, driving habit, at least one information in the electric habit and the battery parameter in the vehicle, can accurately predict the remaining mileage of the vehicle, so that the information of the recommended charging pile further satisfies the requirement of the user.
In one embodiment, the method further comprises:
obtaining the position information of the charging pile in the range of the remaining endurance mileage;
A recommendation information including position information of the charging pile is generated.
In the embodiment of the invention, the position information of each charging pile capable of providing charging service can be collected in advance, then combined with the predicted remaining endurance mileage, providing effective recommendation information.
In one embodiment, the method further comprises:
under the condition of obtaining the position information of the charging pile in the range of the remaining endurance mileage is failure, according to the remaining mileage as the vehicle recommended re-planning of the driving route.
In the embodiment of the invention, without obtaining the position information of the charging pile in the range of the remaining mileage, recommending re-planned driving route for the vehicle, so as to avoid occurrence of vehicle semi-anchor on the driving road condition).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Uchida to provide a charging recommendation and a recommended driving manner for operating a motor vehicle for the purpose of improving performance of the vehicle and cost in maintenance as taught by CAI, Jun-yu.
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).
Uchida did not particularly recite, “…., where the at least one specified usage recommendations comprises both a charging recommendation and a recommended driving manner for operating the motor vehicle”.
However, CAI, Jun-yu teaches of the limitation, “…….., wherein at least one specified usage recommendation comprises both a charging recommendation and a recommended driving manner for operating a motor vehicle”. See for example CAI, Jun-yu (In one embodiment, the driving power state information comprises: driving speed, driving habit; at least one of electric habit and battery parameter in the vehicle.
In the embodiment of the invention, according to the driving speed, driving habit, at least one information in the electric habit and the battery parameter in the vehicle, can accurately predict the remaining mileage of the vehicle, so that the information of the recommended charging pile further satisfies the requirement of the user.
In one embodiment, the method further comprises:
obtaining the position information of the charging pile in the range of the remaining endurance mileage;
A recommendation information including position information of the charging pile is generated.
In the embodiment of the invention, the position information of each charging pile capable of providing charging service can be collected in advance, then combined with the predicted remaining endurance mileage, providing effective recommendation information.
In one embodiment, the method further comprises:
under the condition of obtaining the position information of the charging pile in the range of the remaining endurance mileage is failure, according to the remaining mileage as the vehicle recommended re-planning of the driving route.
In the embodiment of the invention, without obtaining the position information of the charging pile in the range of the remaining mileage, recommending re-planned driving route for the vehicle, so as to avoid occurrence of vehicle semi-anchor on the driving road condition).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Uchida to provide a charging recommendation and a recommended driving manner for operating a motor vehicle for the purpose of improving performance of the vehicle and cost in maintenance as taught by CAI, Jun-yu.
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.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art [CA 2809689 A1 (sec 0015, 0035, 0036) ; JP 2004022384 A (sec 0038) made of record and not relied upon is considered pertinent to applicant's disclosure.
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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