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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/5/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings, Fig. 1-4, are objected to because the Examiner may require and is requiring descriptive text labels, “1. In bracket 1, insert the reason for the objection, for example the drawings do not show every feature of the invention specified in the claims-- or --the unlabeled rectangular box(es) shown in the drawings should be provided with descriptive text labels” [MPEP 608.02(b) examiner note]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11-23 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 22 and claim 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. It is unclear if claim 22 and claim 23 are independent or dependent. The fee sheet 9/6/2024 treats the claim as dependent and the claim does reference another claim, but the claim alters the preamble of the claim which indicates that it is independent. The conflicting structure and referencing another claim make it unclear. Examiner recommends cutting and pasting the parts of claim 11 into claim 22 and pasting that new claim into the appropriate place in claim 23 and making it clearly independent.
The term " intensive use of the vehicle" in claim 11 is a relative term which renders the claim indefinite. The term "intensive" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The dependent claims 12-23 are also rejected for their dependence.
The term "below" relating to a state of charge has little meaning (is hcharge positive or negative what is above or below?) in claim 14, 15, 16 is a relative term which renders the claim indefinite. The term "below" relating to a state of charge is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 101
35 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.
Claim 22 and claim 23 are rejected because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are drafter in an improper product by process type claim. The process form claims 11 does not result in the dependent product of claim 22 and claim 23. Making the claims independent is required.
Claim 22 rejected because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories claim 22 is software per se and not eligible subject matter.
Conforms with 35 USC § 101 Alice Requirements
The presently examined claims were evaluated for a 101 Alice type rejection. The conclusion from going through the Alice/Mayo test is that the independent claims are integrated into a practical application (or cannot be performed merely with the human mind) and are therefore patent eligible under 35 U.S.C. 101. See MPEP §2106, subsection III and MPEP §2106.04, subsection II(A).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-17, 19-23 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Sainflou WO 2018189438 A1.
As to claim 11, Sainflou discloses a method for managing heat treatment of at least one element of an electric drive train of an electric or hybrid vehicle[Sainflou: Fig. 3, step 303 disclose checking the battery temp for charging optimization] equipped with at least one electric battery module [Sainflou: #21 Battery] and at least one heat treatment system [Sainflou: #23 regulation device]of at least one of the elements of the electric drive train[Sainflou: #26 electric traction motor], the method comprising:
detecting an activation, manual or automatic, of an intensive use of the vehicle currently being executed or planned [Sainfou: Step 301, 0030- 0032 determines a planned charge and specifics thereof e.g., rapid charging]; and
when the intensive use is detected [Sainfou: step 301, Detects when charging initiated with rapid charging]:
determining at least one temperature of the at least one element of the electric drive train [Sainflou: 0020, “The battery system 21 comprises means for measuring its activity parameters and is able to provide information concerning its activity parameters that can be used for its control by the vehicle control device 22, in particular a level of state of charge. , an instantaneous operating temperature, the voltage across the battery, the charging / discharging current, an accepted charging current depending on the state of charge state and the instantaneous temperature, the internal resistance, the parameters of health status, ability.”]and comparing the at least one temperature with at least one target optimal operating temperature specific to the at least one element of the electric drive train so as to detect a deviation relative to the at least one target temperature [Sainflou: 0054 “In step 314, if the method detects that the instantaneous temperature Tbat is different from the target temperature Tcib, or a compatible temperature range of the electric charging, the control device 22 triggers a thermal regulation operation at the same time.”]; and
heat treating the at least one element of the electric drive train when the deviation is detected relative to the at least one target temperature specific to the at least one element of the drive train [Sainfou: Fig. 3, Step 315 0054 “the control device 22 triggers a heat regulation operation”].
As to claim 12, Sainflou discloses wherein electric drive train comprises an electric motor [Sainflou: #26 electric traction motor] and the at least one electric battery module [Sainflou: #21].
As to claim 13, Sainflou discloses wherein the determining includes measuring the at least one temperature [Sainflou: 0054 “In step 314, if the method detects that the instantaneous temperature Tbat is different from the target temperature Tcib, or a compatible temperature range of the electric charging, the control device 22 triggers a thermal regulation operation at the same time.”].
As to claim 14, Sainflou discloses further comprising: determining an initial state of charge of the at least one battery module [Sainflou: 0037 charge depth]; and stopping the management method prior to the heat treating when the determined initial state of charge of the at least one battery module is below a predetermined threshold [Sainfou: checked at 308].
As to claim 15, Sainflou discloses further comprising: calculating an electrical energy consumption of the electric battery module required for the implementation of the heat treatment of the at least one element so as to correct the detected deviation specific to the at least one element of the drive train [Sainflou: 0041];
estimating a provisional final state of charge of the at least one battery module as a function of the initial state of charge and the calculated electrical energy consumption [Sainflou: 0041 “The temperature variation Prf is calculated as a function of the climatic conditions of rolling and the necessary electrical power Pro to traverse the section TRA.”]; and
stopping the management method prior to the heat treating when the calculated provisional state of charge is below a predetermined threshold [Sainfou: checked at 308].
As to claim 16, Sainflou discloses further comprising, prior to the heat treating the at least one element of the drive train, determining an availability of power of the at least one battery module that can be allocated to the at least one heat treatment system, the availability of power being determined as a function of at least one parameter internal to the vehicle and/or as a function of at least one parameter external to the vehicle [Sainfou:0024 route], the management method being stopped prior to the execution of the heat treating when the availability of power of the at least one battery module is below a predetermined threshold.
As to claim 17, Sainflou discloses further comprising monitoring, at the same time as and/or subsequent to the heat treating, the use of the vehicle, the management method being stopped when no intensive use, currently being executed or planned, is detected [Sainfou: checked at 308 implementd based on that at, 309, 311, 310].
As to claim 19, Sainflou discloses further comprising, when a deviation relative to the at least one target temperature is detected, estimating a provisional time necessary for the at least one heat treatment system to correct such a deviation [Sainflou: Step 308].
As to claim 20, Sainflou discloses wherein the detecting an activation of an intensive use, currently being executed or planned, of the vehicle comprises at least one out of: detecting a journey and/or a location specific to a current or planned intensive use via a location means of the vehicle or a connected device; detecting at least one running parameter of the vehicle by a sensor; selecting or programming an intensive driving mode preprogrammed in the vehicle by the user via a human-machine interface embedded in the vehicle and/or via a connected device; programming, by the user, the subsequent execution of a planned intensive use of the vehicle via a human-machine interface embedded in the vehicle and/or via a connected device; and identifying a driver and/or of a driver profile, stored in a memory unit of the vehicle, associated with an intensive driving profile [Sainflou: 0024 traffic].
As to claim 21, Sainflou discloses wherein the at least one running parameter is a longitudinal speed [Parked and charging vehicles have zero speed], a stressing of a pedal, a variation of angle of a steering wheel, or a transverse acceleration characteristic of a current intensive use.
As to claim 22, Sainflou discloses a system for managing a heat treatment of at least one element of a drive train of a vehicle equipped with at least one heat treatment system, the system comprising: hardware and/or software elements configured to implement the management method as claimed in claim 11 [See claim 11 for citations], the hardware elements comprising at least one processor, a memory [Sainflou: #22 control device], at least one sensor of temperature of the at least one element of the drive train [Sainflou: 0022], and at least one means for detecting an intensive use of the vehicle [Sainflou: step 301] .
As to claim 23, Sainflou discloses a hybrid or electric motor vehicle comprising: at least one electric battery module configured to power at least one element of an electric drive train of the vehicle and at least one heat treatment system of said at least one element [Sainflou: Fig. 2 #21 battery, #26 electric motor drive, #23 temperature regulation]; and the management system as claimed in claim 22 [See claim 22 for citations].
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sainflou.
As to claim 18, Sainflou suggests wherein the management method is stopped when the detected temperature deviation is less than 2°C [Sainflou: 0036 disclose that the charging may be limited to a range. In the deviation linked to the thermal controller. While the exact range is not disclosed optimizing in a range is obvious based on case law. The range is obvious since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. IN re Aller, 105 USPQ 233.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200361280 A1 An electric motor vehicle temperature adjustment system includes: an air conditioning refrigerant circuit including a compressor compressing a refrigerant, an air conditioning evaporator provided upstream of the compressor, and an air-cooled condenser condensing the refrigerant flowing out of the compressor with outside air; a battery cooling circuit including a battery evaporator and configured to flow cooling water cooling a main battery; an electric component cooling circuit provided separately from the battery cooling circuit, and including an electric component radiator; a first switching unit configured to perform switching between connection and disconnection of the battery cooling circuit and the electric component cooling circuit; and a motor cooling circuit provided separately from the battery cooling circuit and the electric component cooling circuit and configured to flow cooling water that cools a motor.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK M BRUSHABER whose telephone number is (313)446-4839. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at (571) 272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300..
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/FREDERICK M BRUSHABER/
Primary Examiner
Art Unit 3665
/FREDERICK M BRUSHABER/Primary Examiner, Art Unit 3665