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 .
Response to Arguments
Claim Interpretation - 35 USC § 112 (f):
Applicant’s arguments filed 4/08/2026, with respect to claim 13 have been fully considered and are persuasive as claim 13 has been cancelled by Applicant. The claim interpretation of 13 has been withdrawn.
Claim Rejections - 35 USC § 112 (a):
Applicant’s arguments filed 4/08/2026, with respect to claim 13 have been fully considered and are persuasive as claim 13 has been cancelled by Applicant. The rejection of 13 for failing to comply with the written description requirement has been withdrawn.
Claim Rejections - 35 USC § 112 (b):
Applicant’s arguments filed 4/08/2026, with respect to claim 13 have been fully considered and are persuasive as claim 13 has been cancelled by Applicant. The rejection of 13 for as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention has been withdrawn.
Claim Rejections - 35 USC § 101:
Applicant’s arguments filed 4/08/2026, with respect to claim 20 have been fully considered and are persuasive. Amendment to claim 20 overcomes the rejection (i.e. non-transitory computer-readable storage medium storing a computer program) for being directed to non-statutory subject matter. The rejection of claim 20 has been withdrawn.
Claim Rejections - 35 USC § 102:
Applicant’s arguments, filed 4/08/2026, with respect to independent claim 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of claim amendment to independent claim 1.
Claim Rejections - 35 USC § 103:
Applicant's arguments filed 4/08/2026 have been fully considered but they are not persuasive. Incorporating the features of cancelled claims 6-7 and 9 into independent claim 14 (and independent claim 1) does not overcome the rejection. Applicant argues Wang does not teach or suggest a control method specifically for starting and managing a battery heating function based on the interaction-driven and signal-gated logic now recited in amended claim 1 or suggest determining driver presence based on the combination of a driver door opening signal and a driver seat signal, as now required by claim 1. Examiner respectfully disagrees.
Ciaccio et al. (US 20180252774 A1; hereinafter Ciaccio) discloses a control method for starting and managing a battery heating function based on the interaction-driven and signal-gated logic as shown in Fig 5. The interaction-driven and signal-gated logic is (e.g. heating the second battery in response to a key on event [0106]). The key-on event is defined as when an occupant enters the vehicle, when an occupant sits on a driver seat of the vehicle…The control module 196 may detect an occupant entry of the vehicle…when a driver's door of the vehicle transitions from closed to open, as indicated by a door sensor. The control module 196 may detect an occupant sitting on the driver seat of the vehicle, for example, based on a signal from a seat occupancy sensor of the driver seat of the vehicle [0100].
While Ciaccio discloses a method of detecting driver presence based on a driver door opening signal and a driver seat signal, Ciaccio does not explicitly disclose a method of detecting driver presence based on a combination of a driver door opening signal and a driver seat signal. In this case, Wang et al. (CN 110254236 A; hereinafter Wang) is relied upon to cure the deficiencies of Ciaccio (e.g. [0030] detecting that the door is opened, the vehicle communication network awaking of the electric vehicle controller, a control pressure sensor and a plurality of main driving under the seat of the electric vehicle is in the standby state, and controlling the vehicle communication network and the plurality of controllers to self; when the pressure value output by the pressure sensor exceeds the predetermined pressure threshold, and the vehicle communication network and the plurality of controllers). For these reasons, 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.
Claims 1-5, 8, 10, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ciaccio et al. (US 20180252774 A1; hereinafter Ciaccio) in view of Wang et al. (CN 110254236 A; hereinafter Wang).
Regarding claim 1, Ciaccio teaches a battery heating control method, comprising: detecting whether a state of a battery meets a preset state condition in response to determining that a first signal is detected (see at least, Fig 5 steps 258, 262; [0106] in response to a key on event…the method determines whether the second battery temperature is less than a predetermined temperature threshold at 258
…determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH); and performing heating control on the battery in response to determining that the state of the battery meets the preset state condition (see at least, Fig 5 steps 262, 270; [0106] determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH…
When 262 is true, the second battery is heated using energy from the first battery at 270), wherein the first signal comprises an interaction signal between a person and a vehicle (see at least, [0087] the power management module 112 receives information such as key-on events). *Examiner interprets key on events as an interaction signal between a person and a vehicle; wherein the performing heating control on the battery comprises: determining that a driver in-place signal is detected when a driver door opening signal and a driver seat signal are detected (see at least, [0100] The control module 196 may detect an occupant entry of the vehicle…when a driver's door of the vehicle transitions from closed to open, as indicated by a door sensor. The control module 196 may detect an occupant sitting on the driver seat of the vehicle…based on a signal from a seat occupancy sensor of the driver seat of the vehicle), starting a battery heating function when determining that a second signal is detected (see at least, [0089] The power management module 112 selectively actuates the heater driver circuit 146
as needed to control the temperature of the first battery 108 and/or the second battery), wherein the second signal comprises one of the driver in-place signal or a heating indication signal (see at least, [0100] The control module 196 may detect an occupant sitting on the driver seat of the vehicle…based on a signal from a seat occupancy sensor of the driver seat of the vehicle).
Ciaccio does not explicitly teach starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration. However, Wang teaches these limitations.
Wang teaches starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration (see at least, [0030] when detecting that the door is opened, the vehicle communication network wake-up of the electric vehicle and a plurality of controllers, control pressure sensor below the main driving seat in the electric vehicle in a standby state…when electric vehicle satisfies the predetermined safety condition, controlling the electric car enters the Ready state…shorten the waiting time ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ciaccio to include starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration as taught by Wang sin order to determine a driving
intention by the user.
Regarding claim 2, the combination of Ciaccio and Wang teaches the method according to claim 1. Ciaccio further teaches wherein the interaction signal between a person and a vehicle is detected based on at least one of a detected key signal, vehicle unlocking signal, or remote control signal (see at least, [0087] the power management module 112 receives information such as key-on events). *Examiner interprets key on events as an interaction signal between a person and a vehicle.
Regarding claim 3, the combination of Ciaccio and Wang teaches the method according to claim 1. Ciaccio further teaches wherein the detecting whether the state of a battery meets a preset state condition comprises: acquiring a battery voltage, a battery remaining capacity, and a battery temperature (see at least, ([0099] The second battery monitoring module 194 also receives cell voltages…cell temperatures…calculates SOC…for the second battery 110); and judging whether the state of the battery meets the preset state condition according to the battery voltage (see at least, [0091] The overvoltage protection circuit 160 protects the battery from overcharging when one or more cells are at or above a voltage limit of the battery cell), the battery remaining capacity, and the battery temperature (see at least, [0106] the method determines whether the second battery
temperature is less than a predetermined temperature threshold at 258. When 258 is true, the method continues at 262 and determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH).
Regarding claim 4, the combination of Ciaccio and Wang teaches the method according to claim 3. Ciaccio further teaches wherein the judging whether the state of the battery meets the preset state condition according to the battery voltage, the battery remaining capacity, and the battery temperature comprises: judging whether the battery temperature is lower than a limit value of a working temperature (see at least, Fig 5 step 258) if the battery remaining capacity is higher than a lower limit value of the battery capacity (see at least, Fig 5 steps 262, 270) and the battery voltage is higher than a lower limit value of the battery voltage (see at least, Fig 5 steps 278, 282); determining that the state of the battery meets the preset state condition if the battery temperature is lower than the limit value of the working temperature (see at least, Fig 5 steps 258, 262); and determining that the state of the battery does not meet the preset state condition if the battery temperature is not lower than the limit value of the working temperature (see at least, Fig 5 steps 258, 274).
Regarding claim 5, the combination of Ciaccio and Wang teaches the method according to claim 1.
Wang further teaches judging whether the state of the vehicle is abnormal according to a vehicle sensor signal after the first signal is detected (see at least, [0053] the other key signal of starting signal or PEPS starting signal based on this is also activating one of the signal bus. performing self-checking vehicle each controller bus is activated); and performing the detecting whether the state of the battery meets the preset state condition if the state of the vehicle is not abnormal (see at least, [0132] vehicle controller and battery management system after the checking, the success information through a certain pathway output, otherwise it will output self-checking fault information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ciaccio to include judging whether the state of the vehicle is abnormal according to a vehicle sensor signal after the first signal is detected; and performing the detecting whether the state of the battery meets the preset state condition if the state of the vehicle is not abnormal as taught by Wang so that the electric vehicle satisfies the predetermined safety condition and control the electric vehicle.
Regarding claim 8, the combination of Ciaccio and Wang teaches the method according to claim 1. Wang further teaches detecting whether a vehicle locking signal is received and whether a key signal disappears during the detection of the driver door opening signal and the driver seat signal (see at least, [0088] specifically when the electric car is in the off condition and receiving the remote activation instruction or detecting that the door is opened….control pressure sensor below the main driving
seat in the electric vehicle in a standby state….when electric vehicle satisfies the predetermined safety condition, controlling the electric car enters the Ready state…when the pressure value signal higher than opening pressure threshold value or output by the key device, to control the electric vehicle enters the Ready state); and stopping detecting the driver door opening signal and the driver seat signal if it is detected that a key signal disappears or a vehicle locking signal is received (see at least, [0092] while awakening the vehicle controller, vehicle controller and battery management system, control the vehicle controller, vehicle controller and battery management system for checking; [0100] the preset safety conditions include all good door has been closed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ciaccio to include detecting whether a vehicle locking signal is received and whether a key signal disappears during the detection of the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if it is detected that a key signal disappears or a vehicle locking signal is received as taught by Wang sin order to determine a driving intention by the user.
Regarding claim 10, the combination of Ciaccio and Wang teaches the method according to claim 1. Ciaccio further teaches comprising: increasing a number of detections by 1 for each detection of the driver door opening signal and the driver seat signal during the detection of the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the number of detections reaches a preset number (see at least, [0100] The control module 196 may identify an expected engine startup….when an occupant sits on a driver seat of the vehicle, when a remote entry or start signal is received (e.g., from a key fob or a wireless device, such as cell phone or tablet), or when a device (e.g., key fob or wireless device) is detected within a predetermined distance of the vehicle….may detect an occupant entry of the vehicle, for example, when a driver's door of the vehicle transitions from closed to open, as indicated by a door sensor).
Regarding claim 14, Ciaccio teaches a memory, a processor, and a computer program stored in the memory and capable of running on the processor, wherein the processor, when executing the program, is configured to perform a method (see at least, [0140] processor-executable instructions that are stored on at least one non-transitory, tangible computer-readable medium), the method comprising: detecting whether a state of a battery meets a preset state condition in response to determining that a first signal is detected (see at least, Fig 5 steps 258, 262; [0106] in response to a key on event…the method determines whether the second battery temperature is less than a predetermined
temperature threshold at 258…determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH); and performing heating control on the battery in response to determining that the state of the battery meets the preset state condition (see at least, Fig 5 steps 262, 270; [0106] determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH…When 262 is true, the second battery is heated using energy from the first battery at 270), wherein the first signal comprises an interaction signal between a person and a vehicle (see at least, [0087] the power management module 112 receives information such as key-on events). *Examiner interprets key on events as an interaction signal between a person and a vehicle, wherein the performing heating control on the battery comprises: determining that a driver in-place signal is detected when a driver door opening signal and a driver seat signal are detected (see at least, [0100] The control module 196 may detect an occupant entry of the vehicle…when a driver's door of the vehicle transitions from closed to open, as indicated by a door sensor. The control module 196 may detect an occupant sitting on the driver seat of the vehicle…based on a signal from a seat occupancy sensor of the driver seat of the vehicle), starting a battery heating function when determining that a second signal is detected (see at least, [0089] The power management module 112 selectively actuates the heater driver circuit 146 as needed to control the temperature of the first battery 108 and/or the second battery), wherein the second signal comprises one of the driver in-place signal or a heating indication signal (see at least, [0100] The control module 196 may detect an occupant sitting on the driver seat of the vehicle…based on a signal from a seat occupancy sensor of the driver seat of the vehicle).
Ciaccio does not explicitly teach an electric vehicle, starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration. However, Wang teaches these limitations.
Wang teaches an electric vehicle (see at least, [0002] the electric automobile (BEV) refers to a vehicle power supply as the power, the electric motor driving wheel running, meets the road traffic safety regulation vehicle of each claim) starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration (see at least, [0030] when detecting that the door is opened, the vehicle communication network wake-up of the electric vehicle and a plurality of controllers, control pressure sensor below the main driving seat in the electric vehicle in a standby state…when electric vehicle satisfies the predetermined safety condition, controlling the electric car enters the Ready state…shorten the waiting time ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ciaccio to include an electric vehicle, starting a timer when starting to detect the driver door opening signal and the driver seat signal; and stopping detecting the driver door opening signal and the driver seat signal if the driver door opening signal and the driver seat signal are still not detected when the timer reaches a preset duration as taught by Wang sin order to determine a driving intention by the user.
Regarding claim 15, the combination of Ciaccio and Wang teaches the electric vehicle according to claim 14. Ciaccio further teaches wherein the interaction signal between a person and a vehicle is detected based on at least one of a detected key signal, vehicle unlocking signal, or remote control signal (see at least, [0087] the power management module 112 receives information such as key-on events). *Examiner interprets key on events as an interaction signal between a person and a vehicle.
Regarding claim 16, the combination of Ciaccio and Wang teaches the electric vehicle according to claim 14. Ciaccio further teaches wherein the detecting whether the state of a battery meets a preset state condition comprises: acquiring a battery voltage, a battery remaining capacity, and a battery temperature(see at least, ([0099] The second battery monitoring module 194 also receives cell
voltages…cell temperatures…calculates SOC…for the second battery 110); and judging whether the state of the battery meets the preset state condition according to the battery voltage (see at least, [0091] The overvoltage protection circuit 160 protects the battery from overcharging when one or more cells are at or above a voltage limit of the battery cell), the battery remaining capacity, and the battery temperature (see at least, [0106] the method determines whether the second battery
temperature is less than a predetermined temperature threshold at 258. When 258 is true, the method continues at 262 and determines whether the SOC of the second battery is below a predetermined state of charge SOC.sub.TH).
Regarding claim 17, the combination of Ciaccio and Wang teaches the electric vehicle according to claim 16. Ciaccio further teaches wherein the judging whether the state of the battery meets the preset state condition according to the battery voltage, the battery remaining capacity, and the battery temperature comprises: judging whether the battery temperature is lower than a limit value of a working temperature (see at least, Fig 5 step 258) if the battery remaining capacity is higher than a lower limit value of the battery capacity (see at least, Fig 5 steps 262, 270) and the battery voltage is higher than a lower limit value of the battery voltage (see at least, Fig 5 steps 278, 282); determining that the state of the battery meets the preset state condition if the battery temperature is lower than the limit value of the working temperature (see at least, Fig 5 steps 258, 262); and determining that the state of the battery does not meet the preset state condition if the battery temperature is not lower than the limit value of the working temperature (see at least, Fig 5 steps 258, 274).
Regarding claim 18, the combination of Ciaccio and Wang teaches the electric vehicle according to claim 14. Ciaccio further teaches wherein the method further comprises: judging whether the state of the vehicle is abnormal according to a vehicle sensor signal after the first signal is detected; (see at least, [0053] the other key signal of starting signal or PEPS starting signal based on this is also activating one of the signal bus. performing self-checking vehicle each controller bus is activated); and performing the detecting whether the state of the battery meets the preset state condition if the state of the vehicle is not abnormal (see at least, [0132] vehicle controller and battery management system after the checking, the success information through a certain pathway output, otherwise it will output self-checking fault information).
Regarding claim 20, the combination of Ciaccio and Wang further teaches the method of claim 1. Ciaccio further teaches a non-transitory computer-readable storage medium storing a computer program, wherein the program, when executed by a processor, causes the processor to perform the method (see at least, [0140] processor-executable instructions that are stored on at least one non-transitory, tangible computer-readable medium).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ciaccio et al. (US 20180252774 A1; hereinafter Ciaccio) in view of Wang et al. (CN 110254236 A; hereinafter Wang); and in further view of Lederer et al. (US 20110282531 A1).
Regarding claim 11, the combination of Ciaccio and Wang teaches the method according to claim 1. The combination does not explicitly teach wherein after starting the battery heating function, the method further comprises: outputting prompt information for inquiring whether to agree to continue heating to a display device; continuing battery heating when a response for indicating to continue heating is received or no response is received after waiting for a preset time; and ending the battery heating function when a response for indicating not to continue heating is received. However, Lederer teaches these limitations.
Lederer teaches after starting the battery heating function, the method further comprises: outputting prompt information for inquiring whether to agree to continue heating to a display device (see at least, [0039] It is therefore possible for the driver, on the basis of the dependencies presented on the
display device 50…to decide whether he wishes to select or activate the battery pulse heating mode); continuing battery heating when a response for indicating to continue heating is received or no response is received after waiting for a preset time ([0057] see at least, a learning function which registers that, in the case of a start time of 7 o'clock in the morning, for example, only the curve SV for city traffic is displayed); and ending the battery heating function when a response for indicating not to continue heating is received (see at least, [0047] In the negative situation…no battery pulse heating mode should be carried out, the driver gives a corresponding negative input at the input device 60, such that a corresponding negative selection signal AW is transmitted to the control device 10, and no battery pulse heating mode takes place).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combination of Ciaccio and Wang to include after starting the battery heating function, the method further comprises: outputting prompt information for inquiring whether to agree to continue heating to a display device; continuing battery heating when a response for indicating to continue heating is received or no response is received after waiting for a preset time; and ending the battery heating function when a response for indicating not to continue heating is received as taught by Lederer so that the selection or non-selection of the battery pulse heating mode can be corrected or cancelled at any time (Lederer, [0042]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ciaccio et al. (US 20180252774 A1; hereinafter Ciaccio) in view of Suyama et al. (US 5596261 A); and in further view of Lederer et al. (US 20110282531 A1).
Regarding claim 12, the combination of Ciaccio and Wang teaches the method according to claim 1. The combination does not explicitly teach further comprising: outputting a feedback result for indicating to exit a battery heating logic to a display device when a signal for indicating that battery heating is not needed is detected. However, Suyama teaches this limitation.
Suyama teaches outputting a feedback result for indicating to exit a battery heating logic to a display device when a signal for indicating that battery heating is not needed is detected (Col 2 lines 44-47, the display unit can include display means for displaying thereon charge-stop information when it is determined that the temperature of said main battery is more than said second predetermined value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combination of Ciaccio and Wang to include outputting a feedback result for indicating to exit a battery heating logic to a display device when a signal for indicating that battery heating is not needed is detected as taught by Suyama so that the driver then may make a selection as to whether he wishes to activate the battery pulse heating mode, wherein information is provided to him on a display device based on if the impending journey covers an adequate distance on the designated road type (Suyama, [0016], [0017).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chung et al. (US 20230150385 A1) discloses outputting a feedback result for indicating to exit a battery heating logic to a display device when a signal for indicating that battery heating is not needed is detected ([0046] current state is indicated by displaying a predetermined figure, such as an asterisk, in a superimposed manner on a portion identified by color corresponding to the current state, so that the driver can intuitively recognize current battery charging performance).
Alexander et al. (US 20140312848 A1) discloses detecting whether a state of a battery meets a preset state condition in response to determining that a first signal is detected ([0073] The host and local controllers monitor and control the voltage and current entering each battery, as well as predetermined battery characteristics, in such a way that the batteries can be optimally charged using solid state control methods).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOYA PETTIEGREW whose telephone number is (313)446-6636. The examiner can normally be reached 8:30pm - 5:00pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOYA PETTIEGREW/Primary Examiner, Art Unit 3662
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