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 .
Continued Examination Under 37 CFR 1.114
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 9 June 2026.
Response to Arguments
Applicant's arguments filed 9 June 2026 have been fully considered but they are not persuasive. The Applicant argues that the combination of Huynh (US 2017/0120770) in view of Yoshioka (US 2009/0261761) is improper because “Huynh and Yoshioka employ incompatible battery system architectures that render the combination nonsensical,” “applying Huynh's contactor protection method to Yoshioka's single-battery architecture would destroy the intended function of Huynh's method” and “because Yoshioka provides no teaching of reducing pump operation in response to a controller-generated signal.” The Examiner respectfully disagrees with this framing.
Regarding the incompatible battery system architectures argument and the contactor protection method argument, the battery systems are not combined at all. Huynh discloses a battery system for an electric vehicle. Yoshioka discloses an electric work vehicle. The battery system of Huynh is fully applied to the electric work vehicle of Yoshioka as it merely teaching the general idea of an electric work vehicle that requires electricity stored in a battery to operate. As is common in work vehicles, the electric work vehicle of Yoshioka utilizes hydraulic pumps in order to operate its implement, in this case a power shovel. As it is an electric work vehicle, a battery is used to power those hydraulic pumps. It is therefore the combination of the battery system of Huynh powering the electric work vehicle of Yoshioka which offer the benefits of expanded high energy storage for high energy demand equipment for which is an electric work vehicle. Thus, maintaining operation of the electric work vehicle.
Regarding the no teaching of reducing pump operation argument, Huynh discloses reducing the current of the system before opening the contactors as specified in paragraph 0031, “The above-described solution allows contactors 230 to open under a reduced current.” This reduces the occurrence of arcing and extends the life of the contactors and provides the basis for reducing current in an electric vehicle prior to disconnecting a battery through the use of a contactor. Yoshioka uses a battery to provide power to operate hydraulic pumps and specifically states how to reduce current to a hydraulic pump in paragraph 0046, “the rotation speed of the electric motor 31 is reduced corresponding to the reduction in the load current lo, and the supply of hydraulic oil is reduced.” That is, Huynh discloses reducing current before disconnecting a battery and why it is important and Yoshioka states how to control a hydraulic pump to reduce its current draw. As already discussed, a hydraulic pump is common on a work vehicle and would be a current draw on an electric work vehicle. This current needs to be reduced before disconnecting a battery for the reasons stated by Huynh.
Given the above, the rejection is maintained.
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 1-9, 11-14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0120770 by Huynh et al. (Huynh hereinafter) in view of US 2009/0261761 by Yoshioka.
Regarding claim 1, Huynh discloses an electric work machine [see at least Figure 1, (100)] having a powertrain controller [see at least Figure 3, (360)]; a battery system [see at least Figure 3, (320); Figure 2], including: a battery string comprising one or more battery modules [see at least Figure 2, (220)] arranged in series with a contactor [see at least Figure 2, (230)], the one or more battery modules configured to provide power via a circuit [see at least Figure 2, (210)] to one or more components of the electric work machine when the contactor is in a closed position [see at least Figure 2, (280)], and a battery control system configured to move the contactor to an open position to disconnect the battery string from the circuit and move the contactor to the closed position to connect the battery string to the circuit [see at least Figure 2, (250) and (263); Figure 3, (360)], the powertrain controller configured to reduce current drawn from the battery system upon receiving, from the battery control system, a warning signal that the contactor is about to be moved to the open position [see at least Figure 4, (402) to (404) to (408); paragraphs 0041-0044].
Huynh fails to disclose an implement assembly configured to lift, carry, or dump materials; and a hydraulic system including one or more machine pumps configured to power the implement assembly, wherein the powertrain controller is configured to reduce current drawn from the battery system by reducing operation of the one or more machine pumps powering the hydraulic system. However, Yoshioka discloses an electric work vehicle [see at least Figure 1, (1)] with an implement which can lift, carry and dump materials [see at least Figure 1, (16)-(18)] which includes an electrical system [see at least Figure 2] that uses a battery [see at least Figure 2, (50)] to power a hydraulic system with hydraulic pumps [see at least Figure 2, (32)] through an inverter powering a motor [see at least Figure 2, (41) to (31)]. Further, the electric work vehicle reduces the RPM of the motor powering the hydraulic pumps in order to reduce power drawn by the system [see at least paragraph 0034, “the electric motor 31 is rotated at low speed to reduce the electric power consumption of the battery”] reducing current [see at least paragraph 0046, “the rotation speed of the electric motor 31 is reduced corresponding to the reduction in the load current lo, and the supply of hydraulic oil is reduced”; Abstract; paragraph 0005; paragraph 0048].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Huynh with the hydraulic work machine of Yoshioka including hydraulic powered implement and hydraulic pumps as loads in order to expand the use of the system for high energy demand electric vehicles that require large energy storage systems that can lower current to safely disengage a battery string. Thus, keeping the hydraulic work machine in good operational condition and minimizing failure of electrical components.
Regarding claim 2, Huynh in view of Yoshioka teaches the electric work machine of claim 1.
Huynh discloses in which battery system further includes additional battery strings with all battery strings of the battery system in a parallel arrangement [see at least Figure 2, (220)], in which the additional battery strings are configured to supply the reduced current load to power the one or more components of the electric work machine prior to the contactor being moved to the open position [see at least Figure 4, (404); paragraph 0042].
Regarding claim 3, Huynh in view of Yoshioka teaches the electric work machine of claim 2.
Huynh discloses in which after the contactor is moved to the open position, each of the additional battery strings configured to provide the current to the circuit to power the one or more components at the rate provided prior to being reduced in response to the warning signal [see at least Figure 4, (410)].
Regarding claim 4, Huynh in view of Yoshioka teaches the electric work machine of claim 1.
Huynh discloses in which a load sensor of the battery system is configured to measure the current and ensure the current is reduced prior to the opening of the contactor [see at least Figure 4, (406); paragraph 0043].
Regarding claim 5, Huynh in view of Yoshioka teaches the electric work machine of claim 1.
Huynh discloses in which the current is supplied from the battery system to the one or more components of the electric work machine including one or more of the one or more machine pumps, a drivetrain, or an electric motor [see at least Figure 2, (280); Figure 3, (390)].
Yoshioka also discloses one or more machine pumps [see at least Figure 2, (32) and an electric motor [see at least Figure 2, (31)].
Regarding claim 6, Huynh in view of Yoshioka teaches the electric work machine of claim 1.
Huynh discloses in which the battery module includes one or more batteries inside of a battery container [see at least Figure 1, (112).
Regarding claim 7, Huynh in view of Yoshioka teaches the electric work machine of claim 6.
Huynh discloses in which the battery control system is configured to monitor health information of all batteries or battery modules of the battery system, the health information including one or more of a state of charge (soc), a temperature, a voltage, a fault current, or the current [see at least paragraph 0018].
Regarding claim 8, Huynh in view of Yoshioka teaches the electric work machine of claim 7.
Huynh discloses in which the battery control system is configured to, while monitoring the health information, determine that the battery string needs to be taken offline based on the health information [see at least paragraph 0018].
Regarding claim 9, Huynh in view of Yoshioka teaches the electric work machine of claim 8.
Huynh discloses in which the battery control system is configured to send the warning signal if the battery control system determines that the battery string needs to be taken offline [see at least paragraphs 0025, 0028 and 0041].
Regarding claim 11, Huynh discloses an electric work machine, comprising: a battery system [see at least Figure 2, (220); Figure 3, (320)]; and a powertrain controller [see at least Figure 3, (360)] configured to direct a first current [see at least paragraph 0018, “overcurrent”] from the battery system [see at least Figure 2, (220); Figure 3, (320 for use in powering a load, wherein the battery system [see at least Figure 2, (280); Figure 3, (390)] includes: a battery string that includes one or more battery modules [see at least Figure 2, (220)] and a battery contactor that are arranged in series with each other [see at least Figure 2, (230)], the battery contactor connecting the one or more battery modules to a circuit of the battery system when the battery contactor is open and disconnecting the one or more battery modules from the circuit when the battery contactor is closed [see at least Figure 2, (210)]; and a battery control system [see at least Figure 2, (250) and (263); Figure 3, (350)] configured to send a warning signal [see at least Figure 4, (402); paragraph 0041] to the powertrain controller prior to the powertrain controller directing a second current from the battery system to the load [see at least Figure 4, (406)], in which the second current is configured to be reduced compared to the first current when flowing through the battery contactor before the battery contactor is moved by the battery control system to be open from closed to disconnect the battery string [see at least Figure 4, (404) to (408); paragraphs 0042-0044].
Huynh fails to disclose an implement assembly configured to lift, carry, or dump materials; a hydraulic system including one or more machine pumps configured to power the implement assembly; and in which the second current is configured to be reduced compared to the first current by reducing operation of the one or more machine pumps powering the hydraulic system. However, Yoshioka discloses an electric work vehicle [see at least Figure 1, (1)] with an implement which can lift, carry and dump materials [see at least Figure 1, (16)-(18)] which includes an electrical system [see at least Figure 2] that uses a battery [see at least Figure 2, (50)] to power a hydraulic system with hydraulic pumps [see at least Figure 2, (32)] through an inverter powering a motor [see at least Figure 2, (41) to (31)]. Further, the electric work vehicle reduces the RPM of the motor powering the hydraulic pumps in order to reduce power drawn by the system [see at least paragraph 0034, “the electric motor 31 is rotated at low speed to reduce the electric power consumption of the battery”] reducing current [see at least paragraph 0046, “the rotation speed of the electric motor 31 is reduced corresponding to the reduction in the load current lo, and the supply of hydraulic oil is reduced”; Abstract; paragraph 0005; paragraph 0048].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Huynh with the hydraulic work machine of Yoshioka including hydraulic powered implement and hydraulic pumps as loads in order to expand the use of the system for high energy demand electric vehicles that require large energy storage systems that can lower current to safely disengage a battery string. Thus, keeping the hydraulic work machine in good operational condition and minimizing failure of electrical components.
Regarding claim 12, Huynh in view of Yoshioka teaches the electric work machine of claim 11.
Huynh discloses in which the battery system further includes a load sensor to measure the current in the battery string [see at least paragraph 0018].
Regarding claim 13, Huynh in view of Yoshioka teaches the electric work machine of claim 12.
Huynh discloses in which the battery control system receives a current measurement from the load sensor prior to sending the warning signal to the powertrain [see at least Figure 4, (402); paragraph 0041].
Regarding claim 14, Huynh in view of Yoshioka teaches the electric work machine of claim 13.
Huynh discloses in which after sending the warning signal, the load sensor is configured to continue to measure the current until the current falls below a predetermined current threshold before the battery control system opens the contactor [see at least paragraph 0029; Figure 4, (406)].
Regarding claim 17, Huynh in view of Yoshioka teaches the electric work machine of claim 14.
Huynh discloses in which the powertrain controller is further configured to reduce the operation of the load by limiting the amount of, or rate of current being sent to, the load [see at least paragraph 0042].
Yoshioka discloses the load can be one or more machine pumps [see at least Figure 2, (32)].
Regarding claim 20, Huynh discloses a method of taking a battery string [see at least Figure 2, (220)] of a battery system [see at least Figure 2] offline for an electric work vehicle [see at least Figure 1, (100)], the method comprising: supplying a first current from at least one battery module of the battery string of the battery system to a battery contactor in series connection with the at least one battery module [see at least Figure 2, (230)]; receiving at a powertrain control [see at least Figure 3, (360)] of the electric work machine from a battery control system [see at least Figure 2, (250) and (263); Figure 3, (350)] of the battery system a warning signal that the battery contactor is about to be moved to an open position from a closed position to disconnect the at least one power modules of the battery string from the circuit [see at least Figure 4, (402); paragraph 0041]; prior to the disconnecting the battery string from the circuit, the powertrain controller reducing current drawn from the battery system, the current drawn including current drawn from the at least one battery module supplied to the circuit before being supplied to a load [see at least Figure 4, (404); paragraph 0042]; the battery control system opening the battery contactor from a closed position to the open position disconnecting the flow of current drawn to the circuit from the at least one power module [see at least Figure 4, (408); paragraph 0045].
Huynh fails to disclose reducing current drawn from the battery system by reducing operation of one or more machine pumps powering a hydraulic system of the electric work machine that powers an implement assembly of the electric vehicle, the current drawn including current drawn from the at least one battery module supplied to the circuit before being supplied to the one or more machine pumps. However, Yoshioka discloses an electric work vehicle [see at least Figure 1, (1)] with an implement which can lift, carry and dump materials [see at least Figure 1, (16)-(18)] which includes an electrical system [see at least Figure 2] that uses a battery [see at least Figure 2, (50)] to power a hydraulic system with hydraulic pumps [see at least Figure 2, (32)] through an inverter powering a motor [see at least Figure 2, (41) to (31)]. Further, the electric work vehicle reduces the RPM of the motor powering the hydraulic pumps in order to reduce power drawn by the system [see at least paragraph 0034, “the electric motor 31 is rotated at low speed to reduce the electric power consumption of the battery”] reducing current [see at least paragraph 0046, “the rotation speed of the electric motor 31 is reduced corresponding to the reduction in the load current lo, and the supply of hydraulic oil is reduced”; Abstract; paragraph 0005; paragraph 0048].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Huynh with the hydraulic work machine of Yoshioka including hydraulic powered implement and hydraulic pumps as loads in order to expand the use of the system for high energy demand electric vehicles that require large energy storage systems that can lower current to safely disengage a battery string. Thus, keeping the hydraulic work machine in good operational condition and minimizing failure of electrical components.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0120770 by Huynh et al. (Huynh hereinafter) in view of US 2009/0261761 by Yoshioka in further view of US 2015/0104682 by Wu et al. (Wu hereinafter).
Regarding claim 10, Huynh in view of Yoshioka teaches the electric work machine of claim 1.
Huynh discloses diagrams that are believed to depict wires/cables, but Huynh in view of Yoshioka fails to explicitly teach in which the battery string uses connectors including cables or wiring to connect the one or more battery modules to the contactor. However, Wu discloses this limitation [see at least Figure 5, (101) to (501); paragraph 0039].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to utilize wires/cables to connect the battery string to the contactors as these are very common and widely available components for conducting electrical power. Thus, reducing costs and simplifying construction.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0120770 by Huynh et al. (Huynh hereinafter) in view of US 2009/0261761 by Yoshioka in further view of US 2019/0104675 by Shinkai.
Regarding claim 19, Huynh in view of Yoshioka teaches the electric work machine of claim 14.
Huynh in view of Yoshioka fails to explicitly teach in which the powertrain controller reduces the power to the one or more machine pumps by limiting the movement speed of the implement assembly. However, Shinkai discloses this reducing an implement load which would inherently reduce the speed of the implement assembly [see at least paragraph 0022].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to modify the system of Huynh in view of Yoshioka to include reducing an implement load as disclosed by Shinkai in order to reduce the current in the battery system by reducing the demand for power of the implement. Thus, reducing/preventing arching and in-rush current when disengaging a battery string and increasing the life of the components of the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel Barnett whose telephone number is (571)272-2879. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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, Regis Betsch can be reached at 571-270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOEL BARNETT/Examiner, Art Unit 2836
/REGIS J BETSCH/SPE, Art Unit 2836
Prosecution Insights