Prosecution Insights
Last updated: April 19, 2026
Application No. 18/951,671

CONTROL DEVICE AND CONTROL METHOD

Non-Final OA §103
Filed
Nov 19, 2024
Examiner
RIOS-AGUIRRE, IZCALLI ANDRE
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
16 granted / 22 resolved
+20.7% vs TC avg
Strong +29% interview lift
Without
With
+29.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§101
15.8%
-24.2% vs TC avg
§103
38.9%
-1.1% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 22 resolved cases

Office Action

§103
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 19 November 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Status of Application Claims 1-5 are pending. Claims 1 and 5 are independent. This NON-FINAL action is in response to communications received 23 December 2024. Specification The abstract of the disclosure is objected to because a minor informality: Line 1 – “The control device of electrified vehicle” should be corrected to “A control device of an electrified vehicle” for clarity. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 20240131955 A1), hereinafter Lu, in view of Zhu (US 20180175638 A1). Regarding claim 1, Lu discloses: A control device that controls an electrified vehicle mounted with a replaceable battery, the control device comprising (Fig. 5, Vehicle Control Unit (VCU); [0006], The vehicle includes a vehicle control unit (VCU), a power battery pack, a vehicle load, and a battery manager. The power battery pack is configured to supply power to the vehicle load): a communication unit that is able to receive information stored in a storage device ([0043], As shown in FIG. 5, in an embodiment of the present disclosure, the vehicle control unit (VCU) in the above circuit structure can communicate with devices such as the DC-DC converter assembly, the battery manager, the motor control unit, the air conditioner control unit in the air conditioner assembly, and the control unit in the air compressor assembly to realize control of each device); and a processor, wherein ([0117], an embodiment of the present disclosure further provides processing device. The processing device includes a memory, a processor, and a computer program stored on the memory and running on the processor. The processor is configured to realize the method for controlling battery swapping of a vehicle described in the above embodiment when performing the program; [0118], The processing device may be an integrated circuit configured in the VCU, the battery manager, or the DC charger assembly) and when the battery is replaced, the processor is configured to (Fig. 10; [0117], an embodiment of the present disclosure further provides processing device. The processing device includes a memory, a processor, and a computer program stored on the memory and running on the processor. The processor is configured to realize the method for controlling battery swapping of a vehicle described in the above embodiment when performing the program; [0118], The processing device may be an integrated circuit configured in the VCU, the battery manager, or the DC charger assembly) and change a vehicle control in the electrified vehicle by using the battery characteristic information obtained from the storage device (Fig. 10, Block a Traction, cancel the traction blocking; [0055], It may be further understood that when the method is performed, after the battery swapping instruction is acquired in the high-voltage power-on state, the VCU may block a vehicle traction. In this way, when the battery swapping is performed subsequently, due to the traction blocking of the vehicle, safety of the battery swapping is ensured. After the battery swapping is completed, the VCU may lift the traction blockade). However, Lu does not specifically state: the storage device stores battery characteristic information that shows a characteristic of the battery at a time of driving of the electrified vehicle in association with battery specific information unique to the battery, acquire the battery characteristic information corresponding to the battery specific information of the battery after a replacement from the storage device through the communication unit, Zhu teaches: the storage device stores battery characteristic information that shows a characteristic of the battery at a time of driving of the electrified vehicle in association with battery specific information unique to the battery ([0069], Based on information from the module status monitor 320, the module metering unit 310, the application configuration 300, and the usage configuration 350, the self-initiating module service requester 230 determines, based on service conditions 360, whether the battery module needs to be serviced (e.g., whether the power level of the battery is too low or whether the battery module is mal-functioning), what type of service is needed (replacement of a fully charged battery module or a well-functioned battery module), and what kind of service should be requested (drive-through service at a service center or house service). The service conditions 360 may store various conditions under which the battery module needs corresponding types of services and may be set at the time of deploying the battery module based on, e.g., the application and usage of the battery module. For example, if an application requires a minimum level of battery power to operate, then a threshold level of battery power may be set accordingly in the service conditions 360, which specifies that when the power level drops to the set threshold level, the battery module requires a replacement service; [0008], The disclosed battery module is associated with a battery module identifier (BMID) that uniquely identifies the battery module; [0075], In some embodiments, in certain applications such as moving vehicles, such derived battery status data may further be used to estimate how the battery status may impact the performance of the moving vehicle. For instance, the battery status data may be used to predict the distance that the vehicle can drive given the status of the battery), acquire the battery characteristic information corresponding to the battery specific information of the battery after a replacement from the storage device through the communication unit ([0092], The service request at the pack level may also include specific information about individual module service requests, specifying, e.g., which module(s) in the pack needs what service. For example, in a pack, there may be two modules, e.g., module i and module j, that need service. In this case, the module service requests include descriptions of two module service requests, one for module i and one for module j, as shown in FIG. 11A. For each module request, the module service request may include a BMID uniquely identifying the battery module. For each BMID, the service request may include a service ID, indicating the service needed for that module, and some status data related to that module. Such status data may be used by the service center to determine, e.g., how to maintain the battery module after it is replaced), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Zhu into the invention of Lu to include acquiring battery information as Zhu discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that monitors battery status, usage, and battery identifiers. Additionally, the claimed invention is merely a combination of old, well-known elements of replacing a battery of an electric vehicle as disclosed by Lu and monitoring battery modules as taught by Zhu. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Regarding claim 4, Lu in view of Zhu teaches: when the battery characteristic information corresponding to the battery after the replacement is stored in the storage device, the processor is configured to (Fig. 10; [0102], As shown in FIG. 10, it is determined by the VCU whether the vehicle is in the high-voltage power-on state. When the vehicle is in the high-voltage power-on state, the battery swapping instruction inputted by the user is acquired, and after the battery swapping instruction is acquired, the VCU blocks the traction of the vehicle; [0103], Further, the VCU can transmit the battery swapping instruction to the battery manager. The battery manager acquires the current total voltage of the power battery pack. The enable instruction and the current total voltage of the battery pack are transmitted to the DC charger assembly through Wi-Fi; [0113], Finally, after the confirmation message transmitted by the battery manager is received, the VCU may release the traction blockade in response to the confirmation message, and the method ends) determine whether or not it is necessary to change the vehicle control based on the battery characteristic information corresponding to the battery after the replacement stored in the storage device (Fig. 10; [0102], As shown in FIG. 10, it is determined by the VCU whether the vehicle is in the high-voltage power-on state. When the vehicle is in the high-voltage power-on state, the battery swapping instruction inputted by the user is acquired, and after the battery swapping instruction is acquired, the VCU blocks the traction of the vehicle; [0103], Further, the VCU can transmit the battery swapping instruction to the battery manager. The battery manager acquires the current total voltage of the power battery pack. The enable instruction and the current total voltage of the battery pack are transmitted to the DC charger assembly through Wi-Fi; [0113], Finally, after the confirmation message transmitted by the battery manager is received, the VCU may release the traction blockade in response to the confirmation message, and the method ends), change the vehicle control when it is determined that it is necessary to change the vehicle control, and maintain a current vehicle control when it is determined that it is not necessary to change the vehicle control (Fig. 10; [0102], As shown in FIG. 10, it is determined by the VCU whether the vehicle is in the high-voltage power-on state. When the vehicle is in the high-voltage power-on state, the battery swapping instruction inputted by the user is acquired, and after the battery swapping instruction is acquired, the VCU blocks the traction of the vehicle; [0103], Further, the VCU can transmit the battery swapping instruction to the battery manager. The battery manager acquires the current total voltage of the power battery pack. The enable instruction and the current total voltage of the battery pack are transmitted to the DC charger assembly through Wi-Fi; [0113], Finally, after the confirmation message transmitted by the battery manager is received, the VCU may release the traction blockade in response to the confirmation message, and the method ends); and when the battery characteristic information corresponding to the battery after the replacement is not stored in the storage device, the processor is configured to maintain the current vehicle control (Fig. 10; [0102], As shown in FIG. 10, it is determined by the VCU whether the vehicle is in the high-voltage power-on state. When the vehicle is in the high-voltage power-on state, the battery swapping instruction inputted by the user is acquired, and after the battery swapping instruction is acquired, the VCU blocks the traction of the vehicle; [0103], Further, the VCU can transmit the battery swapping instruction to the battery manager. The battery manager acquires the current total voltage of the power battery pack. The enable instruction and the current total voltage of the battery pack are transmitted to the DC charger assembly through Wi-Fi; [0113], Finally, after the confirmation message transmitted by the battery manager is received, the VCU may release the traction blockade in response to the confirmation message, and the method ends). Regarding claim 5, Lu discloses: A control method that controls an electrified vehicle mounted with a replaceable battery, the control method comprising (Abstract, A method and a system for controlling battery swapping of a vehicle and a vehicle are provided): and changing a vehicle control of the electrified vehicle when the battery is replaced by using the battery characteristic information corresponding to the battery after the replacement acquired in the acquiring (Fig. 10, Block a Traction, cancel the traction blocking; [0055], It may be further understood that when the method is performed, after the battery swapping instruction is acquired in the high-voltage power-on state, the VCU may block a vehicle traction. In this way, when the battery swapping is performed subsequently, due to the traction blocking of the vehicle, safety of the battery swapping is ensured. After the battery swapping is completed, the VCU may lift the traction blockade). However, Lu does not specifically state: acquiring battery characteristic information that shows a characteristic of the battery at a time of driving of the electrified vehicle from a storage device that stores the battery characteristic information in association with battery specific information unique to the battery, the battery characteristic information corresponding to the battery specific information of the battery after a replacement; Zhu teaches: acquiring battery characteristic information that shows a characteristic of the battery at a time of driving of the electrified vehicle from a storage device that stores the battery characteristic information in association with battery specific information unique to the battery, the battery characteristic information corresponding to the battery specific information of the battery after a replacement ([0092], The service request at the pack level may also include specific information about individual module service requests, specifying, e.g., which module(s) in the pack needs what service. For example, in a pack, there may be two modules, e.g., module i and module j, that need service. In this case, the module service requests include descriptions of two module service requests, one for module i and one for module j, as shown in FIG. 11A. For each module request, the module service request may include a BMID uniquely identifying the battery module. For each BMID, the service request may include a service ID, indicating the service needed for that module, and some status data related to that module. Such status data may be used by the service center to determine, e.g., how to maintain the battery module after it is replaced); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Zhu into the invention of Lu to include acquiring battery information as Zhu discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that monitors battery status, usage, and battery identifiers. Additionally, the claimed invention is merely a combination of old, well-known elements of replacing a battery of an electric vehicle as disclosed by Lu and monitoring battery modules as taught by Zhu. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Zhu, and further in view of Saito et al. (US 20240116392 A1), hereinafter Saito. Regarding claim 2, Lu in view of Zhu does not specifically state: wherein the processor notifies information related to a change of the vehicle control to a user of the electrified vehicle when the vehicle control is changed by using the battery characteristic information corresponding to the battery after the replacement. Saito teaches: wherein the processor notifies information related to a change of the vehicle control to a user of the electrified vehicle when the vehicle control is changed by using the battery characteristic information corresponding to the battery after the replacement ([0010], information on the user's needs regarding battery replacement; and when a specific event associated with battery replacement occurs, generate a notification screen for notification of the specific event based on the setting information, and cause the terminal device to display the notification screen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Saito into the invention of Lu in view of Zhu to include notifying a user of vehicle status after a battery replacement as Saito discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that notifies a user of vehicle status. Additionally, the claimed invention is merely a combination of old, well-known elements of replacing a battery of an electric vehicle as disclosed by Lu in view of Zhu and notifying a user as taught by Saito. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Regarding claim 3, Lu in view of Zhu and Saito teaches: wherein the processor notifies information related to the change to the user by transmitting information related to the change to at least one of a display device mounted on the electrified vehicle and a user terminal possessed by the user (Saito: [0010], information on the user's needs regarding battery replacement; and when a specific event associated with battery replacement occurs, generate a notification screen for notification of the specific event based on the setting information, and cause the terminal device to display the notification screen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the additional teachings of Saito into the invention of Lu in view of Zhu and Saito to include notifying a user of vehicle status through a display after a battery replacement as Saito discloses with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art to create a more robust system that notifies a user of vehicle status. Additionally, the claimed invention is merely a combination of old, well-known elements of replacing a battery of an electric vehicle as disclosed by Lu in view of Zhu and notifying a user as taught by Saito. The combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IZCALLI ANDRE RIOS-AGUIRRE whose telephone number is (571)272-0790. The examiner can normally be reached Monday through Friday 8:30 - 17:00 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, Scott A. Browne can be reached at (571) 270-0151. 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. /I.A.R./Examiner, Art Unit 3666 /SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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Prosecution Timeline

Nov 19, 2024
Application Filed
Mar 20, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+29.1%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 22 resolved cases by this examiner. Grant probability derived from career allow rate.

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