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 .
Status of Claims
This office action is in response to the application filed on October 23, 2024. Claims 1-20 are presently pending and are presented for examination.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weiland et al., US20240331464A1 (Hereinafter “Weiland”) in view of Fronemann et al., WO 2013000534 A1 (Hereinafter Fronemnann”).
Regarding Claims 1, 12 and 18, Weiland discloses a battery electric vehicle comprising:
a vehicle frame; a power train carried by the vehicle frame and configured to provide motive force to the battery electric vehicle in response to electrical power provided thereto; a battery system comprising a battery controller and one or more batteries responsive to battery control signals provided by the battery controller in order to provide the electrical power to the power train;
See [0024], “In addition to vehicles having an ICE, this description also describes and pertains to electric vehicles and hybrid vehicles.” And [0052], “As shown in FIG. 6C, the vehicle 60 includes a motor 61 at a left front location of the vehicle 60, a motor 62 at a right front location of the vehicle 60, a motor 63 at a left rear location of the vehicle 60, and a motor 64 at a right rear location of the vehicle 60. The vehicle 60 also includes an inverter 65, 66, an on-board charger 68, 69, a charge port 73, 74, an ECU 78, an on-board diagnostic connector 79, and a vehicle network 80. As an example, the charge port 73 can include an AC voltage charge port and the charge port 74 can include a DC voltage charge port. The vehicle 60 can further include battery modules 67 including multiple battery modules (BM) and multiple cell monitoring units (CMU). The CMU can determine parameters regarding the battery modules, such as a battery voltage, a battery temperature, or a battery internal resistance.” Also [0041]+[0073] teaches a battery controller via the ECU).
an on board diagnostic (OBD) electronic control unit (ECU), separate from the battery system, configured to receive OBD signals from the ICE system and signals from the battery system for meeting OBD requirements. See [0041], “vehicle 30 includes an ICE 32, an ECU 33, 34, 35 (i.e., an electronic control unit), an OBDC 36 (i.e., an on-board diagnostic connector), a sensor 37, 38, an ECO 39, 40 (i.e., an ECU controlled output), a battery 41, and a battery-connected circuit 42. The ECU 33, 34, 35 is operatively connected to the OBDC 36 via a vehicle network 43 to allow transmission of a vehicle data message (VDM) between the OBDC 36 and the ECU connected to the vehicle network 43.” And [0043] “The battery-connected circuit 42 can include one or more electrical circuits. FIG. 6A shows the battery-connected circuit 42 extending between the battery 41 and the ECU 35 and between the battery 41 and the OBDC 36.”
Weiland discloses a hybrid electric vehicle system but does not explicitly disclose an ICE charging system. However, Baughman teaches a hybrid electric vehicle including the following: an internal combustion engine (ICE) system to extend a range of the battery electric vehicle, the ICE system comprising a plurality of ICE components including an ICE and a generator driven by the ICE; See [0004], “a method for controlling a range-extending device for an electrically powered motor vehicle comprising an internal combustion engine with an output shaft on which a torque of the internal combustion engine is effective, an electric generator with an input shaft connected to the output shaft in a power-transmitting manner and on which a load torque of the generator is effective, and an energy storage device electrically connected to the generator which can be charged using the generator, as well as a range-extending device for an electrically powered motor vehicle comprising an internal combustion engine with an output shaft on which a torque of the internal combustion engine can be effective, an electric generator with an input shaft connected to the output shaft in a power
transmitting manner and on which a load torque of the generator can be effective, and an
energy storage device electrically connected to the generator which can be charged using
the generator.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Weiland's hybrid vehicle with the ICE charging limitations disclosed in Fronemann with reasonable expectation of success. The motivation for doing so would have been to substantially simplify a motor vehicle which can be electrically driven, see Fronemann, [abstract].
Regarding Claims 2 and 13, Weiland discloses a hybrid vehicle with diagnostic capabilities, but does not disclose an OBD ECU. However, Weiland teaches the following limitation dependent on Claim 1 and 12:
wherein the OBD ECU is configured to generate OBD signals for the battery system based at least in part on the signals received from the battery system. See [0041-0043], “As shown in FIG. 6A, the vehicle 30 includes an ICE 32, an ECU 33, 34, 35 (i.e., an electronic control unit), an OBDC 36 (i.e., an on-board diagnostic connector), a sensor 37, 38, an ECO 39, 40 (i.e., an ECU controlled output), a battery 41, and a battery-connected circuit 42. The ECU 33, 34, 35 is operatively connected to the OBDC 36 via a vehicle network 43 to allow transmission of a vehicle data message (VDM) between the OBDC 36 and the ECU connected to the vehicle network 43. The vehicle network 43 can include a wired and/or wireless network. The ECU 33, 34, 35 can be configured to control a vehicle system, such as an engine system, a powertrain system, a body electronic system, an anti-lock brake system, a supplemental inflatable restraint system, a traction control system, a navigation system, an entertainment system, an advanced driver assistance system, or some other vehicle system.”
Regarding Claims 3 and 14, Weiland discloses a hybrid vehicle with diagnostic capabilities, but does not disclose an OBD ECU. However, Weiland teaches the following limitation dependent on Claim 2 and 13:
further comprising an OBD port configured to receive the OBD signals from the OBD ECU and to output the OBD signals to an external device. See at least [0042], “The OBDC 36 can, for example, be located within a passenger compartment of the vehicle 30, within an engine compartment of the vehicle 30, or within a storage compartment within the vehicle 30 in front of or behind the passenger compartment. The computing device 31 is removably attachable to the OBDC 36. The computing device 31 can connect to the OBDC 36 via a communication link 44. The computing device 31 can include the communication link 44 (e.g., a harness). The computing device 31 is typically removed after the vehicle 30 has been serviced at the repair shop. In that way, the computing device 31 can be used to diagnose other vehicles after those vehicles arrive at the repair shop, or taken to other vehicle(s) at a location remote from the repair shop … The battery-connected circuit 42 can include one or more electrical circuits. FIG. 6A shows the battery-connected circuit 42 extending between the battery 41 and the ECU 35 and between the battery 41 and the OBDC 36. For clarity of FIG. 6A, other examples of the battery-connected circuit 42 that extend between the battery 41 and some other vehicle component of the vehicle 30, such as the ECU 33, 34, the sensor 37, 38, and the ECO 39, 40 are not shown. The battery-connected circuit 42 between the battery 41 and the OBDC 36 can provide an electrical current to provide operational power for the computing device 31.”
Regarding Claims 4 and 15, Weiland discloses the following limitation dependent on Claim 3 and 14:
wherein the battery system is dependent upon the OBD ECU to output the OBD signals toward the OBD port as the battery system is not configured to provide OBD signals directly to the OBD port. See [0044], “The sensor 37, 38 is a device that provides a signal to the ECU 35. The signal represents some characteristic of the vehicle that the ECU 35 is configured to monitor. As an example, the sensor 37, 38 can include one from among: an accelerometer, a camshaft position sensor, a crankshaft position sensor, a current sensor, a fluid level sensor, a fluid pressure sensor, a fluid temperature sensor, a hall effect sensor, an infrared sensor, a knock sensor, a mass air flow sensor, an oil pressure sensor, an oxygen sensor, a photo transistor, a piezoelectric sensor, a position sensor, a pressure sensor, a rain sensor, a refrigerant sensor, a temperature sensor, a thermistor, a throttle position sensor, a tire pressure sensor, a vehicle speed sensor, a voltage sensor, a wheel speed sensor, a yaw rate sensor, or some other typo of sensor.” And [0045], “The ECO 39, 40 is a device controlled by the ECU 35. The ECU 35 can control the ECO 39, 40 using an ECU control I/O (input/output). As an example, the ECO 39, 40 can include a fuel injector, a motor, a pump, a relay, solenoid, a transformer, an actuator, a light (e.g., an incandescent lamp or a light emitting diode (LED)), or a valve. Other examples of an ECO are also possible. The ECU control I/O can be configured to output a signal (e.g., output a voltage to the ECO) or to sink a signal (e.g., provide a ground to the ECO). The output signal can be electrical or optical. For some ECO, such as a relay, the ECU control I/O provides a control signal to the ECO and the relay switches electrical power directly from another source (e.g., a vehicle battery) to another ECO. For instance, the output signal can control a relay (the ECO) that sources power to a motor (the other ECO).”
Regarding Claims 5, 16 and 20, Weiland discloses the following limitation dependent on Claim 1, 12 and 18:
wherein the OBD ECU is configured to analyze at least some of the OBD signals from the
system or some of the signals from the battery system in accordance with a predefined algorithm to detect existence of a fault, and wherein the ECU is also configured to output an indication of the fault as an OBD signal toward the OBD port. See [0025], “In many cases, matched vehicle components are connected to an electronic control unit (ECU). The ECU can be programmed to detect when a vehicle component is malfunctioning by detecting that a signal output by the vehicle component breaches a upper or lower threshold corresponding to that vehicle component and/or signal. Upon detecting the breach of that threshold, the ECU can cause a malfunction indicator lamp (MIL) to illuminate, the MIL providing an indication that the vehicle is malfunctioning. The computing system of the example implementations is operable to compare a difference between measurements pertaining to two matched vehicle components to a measurement threshold. Accordingly, the computing system can determine that a vehicle component is malfunctioning even in cases in which the signals output by the matched vehicle components do not breach the thresholds used by the ECU to determine a malfunction.” Also [0041]-[0042] for ECU-OBD port/output.
Regarding Claim 6, Weiland discloses the following limitation dependent on Claim 1:
wherein the battery system comprises a plurality of battery components including the battery controller, the one or more batteries, an e-machine (motor), an inverter, and a battery thermal system, and wherein the OBD ECU is configured to receive the signals from one or more of the plurality of battery components. See [0024], “In addition to vehicles having an ICE, this description also describes and pertains to electric vehicles and hybrid vehicles. Each of those types of vehicles can include components (i.e., vehicle components). At least some of those vehicle components can be electrical. The electronic components discussed in this description can include vehicle components that are electrical (e.g., vehicle components that convert electrical energy into other form(s) of energy, such as mechanical, light, sound, or thermal energy) and/or vehicle components configured to control a flow of electrons in order to perform a task.” And [0052], “As shown in FIG. 6C, the vehicle 60 includes a motor 61 at a left front location of the vehicle 60, a motor 62 at a right front location of the vehicle 60, a motor 63 at a left rear location of the vehicle 60, and a motor 64 at a right rear location of the vehicle 60. The vehicle 60 also includes an inverter 65, 66, an on-board charger 68, 69, a charge port 73, 74, an ECU 78, an on-board diagnostic connector 79, and a vehicle network 80. As an example, the charge port 73 can include an AC voltage charge port and the charge port 74 can include a DC voltage charge port. The vehicle 60 can further include battery modules 67 including multiple battery modules (BM) and multiple cell monitoring units (CMU). The CMU can determine parameters regarding the battery modules, such as a battery voltage, a battery temperature, or a battery internal resistance.”
Regarding Claim 7, Weiland discloses the following limitation dependent on Claim 6:
wherein the ICE system further comprises an ICE electrical control unit that is configured to receive OBD signals from one or more of the ICE or the generator, wherein the ICE electrical control unit is further configured to receive signals from one or more of the plurality of battery components, such that the ICE electrical control unit functions as the OBD ECU. See [0023] In accordance with at least some implementations, the vehicle includes an internal combustion engine (ICE) configured to operate at an idle speed and at an off-idle speed (e.g., any one or multiple off-idle speeds). Some of the measurements can be made while the ICE is operating at idle and other measurements can be made while the ICE is operating at off-idle. A throttle within and/or connected to the ICE can be snapped (e.g., opened and closed quickly) to change the operating speed of the ICE from an idle speed to an off-idle speed and back to the idle speed. Separate measurements of signals output by matched vehicle components or of the conditions of the matched vehicle components can be made at one or more times as the operating speed of the ICE changes. Additionally or alternatively, the measurements pertaining to the matched vehicle components can be made while the vehicle is being driven.” And electronic control unit), an OBDC 36 (i.e., an on-board diagnostic connector), a sensor 37, 38, an ECO 39, 40 (i.e., an ECU controlled output), a battery 41, and a battery-connected circuit 42. The ECU 33, 34, 35 is operatively connected to the OBDC 36 via a vehicle network 43 to allow transmission of a vehicle data message (VDM) between the OBDC 36 and the ECU connected to the vehicle network 43. The vehicle network 43 can include a wired and/or wireless network. The ECU 33, 34, 35 can be configured to control a vehicle system, such as an engine system, a powertrain system, a body electronic system, an anti-lock brake system, a supplemental inflatable restraint system, a traction control system, a navigation system, an entertainment system, an advanced driver assistance system, or some other vehicle system.”
Regarding Claim 8, Weiland discloses the following limitation dependent on Claim 1:
wherein the OBD ECU is also configured to receive predefined types of signals from the battery controller. See [0041], “As shown in FIG. 6A, the vehicle 30 includes an ICE 32, an ECU 33, 34, 35 (i.e., an electronic control unit), an OBDC 36 (i.e., an on-board diagnostic connector), a sensor 37, 38, an ECO 39, 40 (i.e., an ECU controlled output), a battery 41, and a battery-connected circuit 42. The ECU 33, 34, 35 is operatively connected to the OBDC 36 via a vehicle network 43 to allow transmission of a vehicle data message (VDM) between the OBDC 36 and the ECU connected to the vehicle network 43. The vehicle network 43 can include a wired and/or wireless network. The ECU 33, 34, 35 can be configured to control a vehicle system.” And [0268], “A vehicle network, such as the vehicle network 43 (shown in FIG. 6A) can include one or more conductors (e.g., copper wire conductors) and/or can be wireless. As an example, a vehicle network can include one or two conductors for carrying vehicle data messages in accordance with a vehicle data message (VDM) protocol, such as a bi-directional VDM protocol. A bi-directional VDM protocol can include a SAE® J1850 (PWM or VPW) VDM protocol, an SAE® J1939 VDM protocol based on the SAE® J1939_201808 serial control and communications heavy duty vehicle network—top level document, and/or any other core J1939 standard, an ISO® 15764-4 controller area network (CAN) VDM protocol.” And [0270], “OBDC can include one or more conductor terminals that connect to a conductor of a vehicle communication bus such that the OBDC is operatively connected to one or more ECUs. A computing device, such as the computing device 13, 31, can operatively connect to an OBDC in order to receive VDM from the vehicle including that OBDC. A VDM can carry VDM data. The VDM data can, but need not necessarily, include a parameter identifier (PID) and data (PID data) parameters associated with the PID. The VDM data can, but need not necessarily, include a DTC.”
Regarding Claims 9 and 17, Weiland discloses the following limitation dependent on Claims 1 and 12:
wherein the OBD ECU is configured to receive the signals from the battery system without the signals having been processed by the battery system. See [0044], “The sensor 37, 38 is a device that provides a signal to the ECU 35. The signal represents some characteristic of the vehicle that the ECU 35 is configured to monitor. As an example, the sensor 37, 38 can include one from among: an accelerometer, a camshaft position sensor, a crankshaft position sensor, a current sensor, a fluid level sensor, a fluid pressure sensor, a fluid temperature sensor, a hall effect sensor, an infrared sensor, a knock sensor, a mass air flow sensor, an oil pressure sensor, an oxygen sensor, a photo transistor, a piezoelectric sensor, a position sensor, a pressure sensor, a rain sensor, a refrigerant sensor, a temperature sensor, a thermistor, a throttle position sensor, a tire pressure sensor, a vehicle speed sensor, a voltage sensor, a wheel speed sensor, a yaw rate sensor, or some other typo of sensor.”
Regarding Claim 10, Weiland discloses the following limitation dependent on Claim 1:
wherein the battery system further comprises a battery system ECU configured to receive the signals from other battery components including the one or more batteries, and wherein the OBD ECU is configured to receive the signals from the battery system by receiving the signals from the battery system ECU. See [0041], “As shown in FIG. 6A, the vehicle 30 includes an ICE 32, an ECU 33, 34, 35 (i.e., an electronic control unit), an OBDC 36 (i.e., an on-board diagnostic connector), a sensor 37, 38, an ECO 39, 40 (i.e., an ECU controlled output), a battery 41, and a battery-connected circuit 42. The ECU 33, 34, 35 is operatively connected to the OBDC 36 via a vehicle network 43 to allow transmission of a vehicle data message (VDM) between the OBDC 36 and the ECU connected to the vehicle network 43. The vehicle network 43 can include a wired and/or wireless network. The ECU 33, 34, 35 can be configured to control a vehicle system, such as an engine system, a powertrain system, a body electronic system, an anti-lock brake system, a supplemental inflatable restraint system, a traction control system, a navigation system, an entertainment system, an advanced driver assistance system, or some other vehicle system.” And [0052], “As shown in FIG. 6C, the vehicle 60 includes a motor 61 at a left front location of the vehicle 60, a motor 62 at a right front location of the vehicle 60, a motor 63 at a left rear location of the vehicle 60, and a motor 64 at a right rear location of the vehicle 60. The vehicle 60 also includes an inverter 65, 66, an on-board charger 68, 69, a charge port 73, 74, an ECU 78, an on-board diagnostic connector 79, and a vehicle network 80. As an example, the charge port 73 can include an AC voltage charge port and the charge port 74 can include a DC voltage charge port. The vehicle 60 can further include battery modules 67 including multiple battery modules (BM) and multiple cell monitoring units (CMU). The CMU can determine parameters regarding the battery modules, such as a battery voltage, a battery temperature, or a battery internal resistance.” While Fig.6A and 6C display alternate architectures of a hybrid system, it would be WURC to combine the ECU OBD communications in 6A with the battery system ECU in 6C to cover the limitations in Claim 10. Also [0178] which teaches the display (by diagnostics of battery modules (battery ECU) parameter data, i.e. shows that OBD is configured to receive signals from battery system module (ECU)).
Regarding Claim 11, Weiland discloses the following limitation dependent on Claim 1:
wherein the OBD ECU is configured to receive signals from at least one of the ICE system or the battery system that include the OBD signals and other types of signals, and wherein the OBD ECU is configured to filter the signals that are received to separate the OBD signals from the other types of signals. See [0270], “A computing device, such as the computing device 13, 31, can operatively connect to an OBDC in order to receive VDM from the vehicle including that OBDC. A VDM can carry VDM data. The VDM data can, but need not necessarily, include a parameter identifier (PID) and data (PID data) parameters associated with the PID. The VDM data can, but need not necessarily, include a DTC. And [0271], “An ECU can control various aspects of vehicle operation and/or components within a vehicle system. For example, an ECU can include a powertrain (PT) system ECU, an engine control module (ECM) ECU, a supplemental inflatable restraint (SIR) system (i.e., an air bag system) ECU, an entertainment system ECU, or some other ECU. An ECU can receive an electrical or optical input from an ECU-connected input device (e.g., a sensor input), control an ECU-connected output device (e.g., a solenoid) via an electrical or optical signal output by the ECU, generate a vehicle data message (VDM) (such as a VDM based on a received input or a controlled output), and set a diagnostic trouble code (DTC) to a state (such as active or history). An ECU can perform a functional test in response to receiving a VDM requesting performance of the functional test. The functional test can be used to test an ECU-connected output device.”
Regarding Claim 19, Weiland discloses the following limitation dependent on Claim 18:
Claim 19 presents on the same limitations as Claims 2, 3, 13 and 14; therefore Claim 19 is rejected on the same basis as the aforementioned claims.
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
US Publication US 20140062349 A1 by Isayeva et al.
US Publication US 20250371919 A1 by O’Mahoney et al.
US Publication US 20180354383 A1 by Namou et al.
Conclusion
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/B.K.P./Examiner, Art Unit 3669
/KENNETH M DUNNE/Primary Examiner, Art Unit 3669
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