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 Amendment
The Applicant’s Amendment filed on 03/31/2026 in which claims 1-7, 10-16, 18, and 20 have been amended and entered of record.
Claims 1-20 are presented for examination.
Response to Argument
Applicant’s arguments with respect to the amended independent claims 1, 10, and 18 have been considered but are moot in view of the new ground(s) of rejection below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-11, 13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHON (US 20240123966 A1) hereinafter CHON.
Regarding claim 1, CHON discloses a method of controlling power of a battery of an electric vehicle (Fig. 1), comprising:
receiving at least one of a brake signal or an accelerator pedal signal from at least one of a brake [0010] or an accelerator pedal [0057];
determining whether at least one of the brake signal or the accelerator pedal signal satisfies a power cut-off condition [0020] [0021]; and
generating an emergency output cut-off signal in response to the power cut-off condition being satisfied [0021],
wherein the determining whether at least one of the brake signal or the accelerator pedal signal satisfies the power cut-off condition comprises:
determining whether the at least one of the brake signal or the accelerator pedal signal lasts for a set period of time or longer ([0020] in order to determine the driving motor is accelerating, a predetermined or a set of period of time is needed to determine).
Regarding claim 2, CHON discloses the method as claimed in claim 1 above, CHON also discloses the determining whether at least one of the brake signal or the accelerator pedal signal satisfies the power cut-off condition further comprises:
determining whether a value of the brake signal is greater than or equal to a reference value ([0146] to determine “strongly”, a threshold must be exceeded), and
wherein the determining whether the at least one of the brake signal or the accelerator pedal signal lasts for the set period of time or longer comprises:
determining whether the brake signal lasts for the set period of time or longer in response to the value of the brake signal being greater than or equal to the reference value ([0021] in order to determine the driving motor is accelerating, a predetermined time is needed to determine and the break signal must be applied during the period “while the input of the brake signal is being received”) [0146].
Regarding claim 6, CHON discloses the method as claimed in claim 1 above, CHON also discloses the method further comprising:
receiving at least one of an electronic control unit (ECU) brake signal or an ECU accelerator pedal signal from an ECU [0146],
wherein the determining whether at least one of the brake signal or the accelerator pedal signal satisfies the power cut-off condition comprises:
calculating a difference between a value of at least one of the ECU brake signal or the ECU accelerator pedal signal and a value of at least one of the brake signal ([0146] “strongly input”) or the accelerator pedal signal; and
determining whether the difference is greater than or equal to a set value ([0146] “strongly input”).
Regarding claim 7, CHON discloses the method as claimed in claim 6 above, CHON also discloses the method further comprising:
transmitting the emergency output cut-off signal to the ECU [0021].
Regarding claim 8, CHON discloses the method as claimed in claim 1 above, CHON also discloses the method further comprising:
determining whether a power-off signal is received from a power button [0146] (input unit 20); and
transmitting the emergency output cut-off signal to a power control unit (40) in response to the power-off signal being received [0146] [0178] [0179].
Regarding claim 9, CHON discloses a computer program stored on a computer-readable recording medium for executing the method according to claim 1 on a computer [0207].
Regarding claim 10, CHON discloses a battery management system (Figs. 1-10) comprising:
a vehicle emergency stop determination part (Fig. 3, 10) configured to determine whether a power cut-off condition is satisfied based on at least one of a brake signal or an accelerator pedal signal [0020] [0021], and to generate an emergency power cut-off signal in response to the power cut-off condition being satisfied [0020] [0021]; and
a battery management part configured to monitor a state of a battery module and to control operation of the battery module based on the state of the battery module [0185],
wherein the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to the at least one of the brake signal or the accelerator pedal signal lasting for a set period of time or longer ([0020] in order to determine the driving motor is accelerating, a predetermined time is needed to determine).
Regarding claim 11, CHON discloses the battery management system as claimed in claim 10 above, CHON also discloses the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to a value of the brake signal being greater than or equal to a reference value and the brake signal lasts for the set period of time or longer ([0146] to determine “strongly”, a threshold must be exceeded).
Regarding claim 13, CHON discloses the battery management system as claimed in claim 10 above, CHON also discloses the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to an output current of the battery module relative to a value of the brake signal being greater than or equal to a set value and the brake signal lasting for the set period of time or longer ([0020] in order to determine the driving motor is accelerating, a predetermined time is needed to determine, and [0146] to determine “strongly”, a threshold must be exceeded).
Regarding claim 15, CHON discloses the battery management system as claimed in claim 10 above, CHON also discloses the vehicle emergency stop determination part is configured to:
receive at least one of an electronic control unit (ECU) brake signal or an ECU accelerator pedal signal from an ECU [0146], and
generate the emergency power cut-off signal in response to a difference between a value of at least one of the ECU brake signal ([0146] “strongly input”) or the ECU accelerator pedal signal and a value of at least one of the brake signal or the accelerator pedal signal being greater than or equal to a set value ([0146] “strongly input”).
Regarding claim 16, CHON discloses the battery management system as claimed in claim 15 above, CHON also discloses the vehicle emergency stop determination part is configured to transmit the emergency power cut-off signal to the ECU [0021].
Regarding claim 17, CHON discloses the battery management system as claimed in claim 10 above, CHON also discloses the vehicle emergency stop determination part is configured to transmit the emergency power cut-off signal to a power control unit in response to a power-off signal being received from a power button [0146] (input unit 20) (Fig. 7).
Regarding claim 18, CHON discloses an electric vehicle comprising:
a power button configured to generate a power-on signal or a power-off signal in response to a first operation of a user [0146] (input unit 20) (Fig. 7);
a brake configured to generate a brake signal in response to a second operation of the user [0057];
an accelerator pedal configured to generate an accelerator pedal signal in response to a third operation of the user [0057];
a battery module configured to supply electrical power [0064];
a battery management system configured to monitor a state of the battery module and to control operation of the battery module based on the state of the battery module [0183]-[0185]; and
a power control unit configured to control a power output of the battery module [0183]-[0185],
wherein the battery management system is configured to determine whether a power cut-off condition is satisfied based on at least one of the brake signal or the accelerator pedal signal, and to generate an emergency power cut-off signal in response to the power cut-off condition being satisfied [0020] [0021],
wherein the battery management system is configured to generate the emergency power cut-off signal in response to the at least one of the brake signal or the accelerator pedal signal lasting for a set period of time or longer ([0020] in order to determine the driving motor is accelerating, a predetermined time is needed to determine).
Regarding claim 19, CHON discloses the electric vehicle as claimed in claim 18 above, CHON also discloses the battery management system is configured to transmit the emergency power cut-off signal to the power control unit in response to a power-off signal being received from the power button [0146] (input unit 20) (Fig. 7).
Regarding claim 20, CHON discloses the electric vehicle as claimed in claim 18 above, CHON also discloses the battery management system is configured to:
receive at least one of an electronic control unit (ECU) brake signal or an ECU accelerator pedal signal from an ECU [0146], and
generate and transmit the emergency power cut-off signal to the ECU in response to a difference between a value of at least one of the ECU brake signal ([0146] “strongly input”) or the ECU accelerator pedal signal and a value of at least one of the brake signal or the accelerator pedal signal being greater than or equal to a set value ([0146] “when the driving motor 120 is accelerated” to calculate acceleration, a minimum predetermined time is needed).
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.
Claim(s) 3, 5, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHON in view of Yoshihara et al., US Patent 5631796, hereinafter “Yoshihara” and further in view of Ishikawa (US 5689170 B1), hereinafter Ishikawa.
Regarding claim 3, CHON discloses the method as claimed in claim 1 above, CHON discloses the determining whether the brake signal lasts for the set period of time or longer ([0021] in order to determine the driving motor is accelerating, a predetermined time is needed to determine and the break signal must be applied during the period “while the input of the brake signal is being received”) [0146].
CHON does not disclose comparing a value of the accelerator pedal signal with an output current of the battery;
determining whether the output current relative to the value of the accelerator pedal signal is greater than or equal to a set value.
Yoshihara discloses a method of controlling power of a battery of an electric vehicle comprising:
comparing a value of the accelerator pedal signal with an output current of the battery (Column 4, lines 10-16);
determining whether the output current relative to the value of the accelerator pedal signal is greater than or equal to a set value (Column 4, lines 10-16).
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 CHON to incorporate the teaching of Yoshihara and monitor the accelerator pedal signal and have: comparing a value of the accelerator pedal signal with an output current of the battery; determining whether the output current relative to the value of the accelerator pedal signal is greater than or equal to a set value. Doing so would further allow to detect malfunctioning of accelerator pedal or malfunctioning of a power controller.
The combination of CHON and Yoshihara does not explicitly discloses determining whether the accelerator pedal signal lasts for the set period of time or longer in response to the output current relative to the value of the accelerator pedal signal being greater than or equal to the set value. Ishikawa discloses a method of controlling power of a battery of an electric vehicle comprising detecting differences between signals to detect an error for fail-safe purpose (column 7, lines 24-30); and providing a predetermine period of time after the result (column 7, lines 24-30). 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 CHON and Yoshihara to incorporate the teaching of Ishikawa into the combination and provide a predetermine period of time after the result to have determining whether the accelerator pedal signal lasts for the set period of time or longer in response to the output current relative to the value of the accelerator pedal signal being greater than or equal to the set value. Doing so would prevent false reading due to noises coupled to the input, Ishikawa (column 7, lines 24-30) “Note that the predetermined values in the comparators 17 and 18 are dependent on a drive motor or the like to be applied. In addition, the reason why the differences are detected for the predetermined period of time is that the differences can be discriminated from noise or the like which is suddenly generated.”
Regarding claim 5, CHON discloses the method as claimed in claim 1 above, CHON also discloses the determining whether at least one of the brake signal or the accelerator pedal signal satisfies the power cut-off condition further comprises:
determining whether each of a value of the brake signal is greater than or equal to a set value ([0146] to determine “strongly”, a threshold must be exceeded), and
wherein the determining whether the at least one of the brake signal or the accelerator pedal signal lasts for the set period of time or longer comprises:
determining whether the brake signal last for the set period of time or longer in response to each of the value of the brake signal being greater than or equal to the set value ([0146] to determine “strongly”, a threshold must be exceeded and “when the driving motor 120 is accelerated” to calculate acceleration, a minimum predetermined time is needed).
CHON does not disclose determining whether each of d a value of the accelerator pedal signal is greater than or equal to a set value. Yoshihara discloses a method of controlling power of a battery of an electric vehicle comprising: determining whether a value of the accelerator pedal signal is greater than or equal to a set value (Column 4, lines 10-16). 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 CHON to incorporate the teaching of Yoshihara and monitor the accelerator pedal signal and have: determining whether each of a value of the brake signal and a value of the accelerator pedal signal is greater than or equal to a set value. Doing so would further allow to detect malfunctioning of accelerator pedal or malfunctioning of a power controller.
The combination of CHON and Yoshihara does not explicitly discloses determining whether the accelerator pedal signal lasts for the set period of time or longer in response to the value of the accelerator pedal signal being greater than or equal to the set value. Ishikawa discloses a method of controlling power of a battery of an electric vehicle comprising detecting differences between signals to detect an error for fail-safe purpose (column 7, lines 24-30); and providing a predetermine period of time after the result (column 7, lines 24-30). 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 CHON and Yoshihara to incorporate the teaching of Ishikawa into the combination and provide a predetermine period of time after the result to have determining whether the brake signal and the accelerator pedal signal last for the set period of time or longer in response to each of the value of the brake signal and the value of the accelerator pedal signal being greater than or equal to the set value. Doing so would prevent false reading due to noises coupled to the input, Ishikawa (column 7, lines 24-30) “Note that the predetermined values in the comparators 17 and 18 are dependent on a drive motor or the like to be applied. In addition, the reason why the differences are detected for the predetermined period of time is that the differences can be discriminated from noise or the like which is suddenly generated.”
Regarding claim 12, CHON discloses the battery management system as claimed in claim 10 above, CHON discloses the determining whether the brake signal lasts for the set period of time or longer and configured to generate the emergency power cut-off signal in response to an output current of the battery module relative to a value of the brake pedal signal being greater than or equal to a set value and the brake pedal signal lasting for the set period of time or longer ([0021] [0146] in order to determine the driving motor is accelerating, a predetermined time is needed to determine and the break signal must be applied during the period “while the input of the brake signal is being received”).
CHON does not disclose the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to an output current of the battery module relative to a value of the accelerator pedal signal being greater than or equal to a set value and the accelerator pedal signal lasting for the set period of time or longer.
Yoshihara discloses a method of controlling power of a battery of an electric vehicle comprising: a vehicle emergency stop determination part is configured to generate an emergency power cut-off signal in response to an output current of an battery module relative to a value of the accelerator pedal signal being greater than or equal to a set value (Column 4, lines 10-16). 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 CHON to incorporate the teaching of Yoshihara and monitor the accelerator pedal signal and have: the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to an output current of the battery module relative to a value of the accelerator pedal signal being greater than or equal to a set value. Doing so would further allow detecting malfunctioning of accelerator pedal or malfunctioning of a power controller.
The combination of CHON and Yoshihara does not explicitly discloses determining whether the accelerator pedal signal lasts for the set period of time or longer in response to the output current relative to the value of the accelerator pedal signal being greater than or equal to the set value. Ishikawa discloses a method of controlling power of a battery of an electric vehicle comprising detecting differences between signals to detect an error for fail-safe purpose (column 7, lines 24-30); and providing a predetermine period of time after the result (column 7, lines 24-30). 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 CHON and Yoshihara to incorporate the teaching of Ishikawa into the combination and provide the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to an output current of the battery module relative to a value of the accelerator pedal signal being greater than or equal to a set value and the accelerator pedal signal lasting for the set period of time or longer. Doing so would prevent false reading due to noises coupled to the input, Ishikawa (column 7, lines 24-30) “Note that the predetermined values in the comparators 17 and 18 are dependent on a drive motor or the like to be applied. In addition, the reason why the differences are detected for the predetermined period of time is that the differences can be discriminated from noise or the like which is suddenly generated.”
Regarding claim 14, CHON discloses the battery management system as claimed in claim 10 above, CHON discloses the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to a value of the brake signal being greater than or equal to a set value, and the brake signal lasting for the set period of time or longer ([0021] in order to determine the driving motor is accelerating, a predetermined time is needed to determine and the break signal must be applied during the period “while the input of the brake signal is being received”, and to determine “strongly”, a threshold must be exceed [0146]). CHON does not disclose the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to a value of the accelerator pedal signal being greater than or equal to a set value.
Yoshihara discloses a method of controlling power of a battery of an electric vehicle comprising: a vehicle emergency stop determination part is configured to generate an emergency power cut-off signal in response to an output current of an battery module relative to a value of the accelerator pedal signal being greater than or equal to a set value (Column 4, lines 10-16). 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 CHON to incorporate the teaching of Yoshihara and monitor the accelerator pedal signal and have: the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to each of a value of the brake signal and a value of the accelerator pedal signal being greater than or equal to a set value. Doing so would further allow detecting malfunctioning of accelerator pedal or malfunctioning of a power controller.
The combination of CHON and Yoshihara does not explicitly discloses the accelerator pedal signal lasts for the set period of time or longer in response to the output current relative to the value of the accelerator pedal signal being greater than or equal to the set value. Ishikawa discloses a method of controlling power of a battery of an electric vehicle comprising detecting differences between signals to detect an error for fail-safe purpose (column 7, lines 24-30); and providing a predetermine period of time after the result (column 7, lines 24-30). 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 CHON and Yoshihara to incorporate the teaching of Ishikawa into the combination and provide set period of time or longer after the accelerator pedal signal being greater than or equal to a set value to have: the vehicle emergency stop determination part is configured to generate the emergency power cut-off signal in response to each of a value of the brake signal and a value of the accelerator pedal signal being greater than or equal to a set value, and the brake signal and the accelerator pedal signal lasting for the set period of time or longer. Doing so would prevent false reading due to noises coupled to the input, Ishikawa (column 7, lines 24-30) “Note that the predetermined values in the comparators 17 and 18 are dependent on a drive motor or the like to be applied. In addition, the reason why the differences are detected for the predetermined period of time is that the differences can be discriminated from noise or the like which is suddenly generated.”
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHON in view of Tanaka et al. (US 5971090 A), hereinafter Tanaka.
Regarding claim 4, CHON discloses the method as claimed in claim 1 above, CHON discloses comparing the brake signal with output of the driving motor to determine whether at least one of the brake signal or the accelerator pedal signal satisfies the power cut-off condition [0021] [0146], and determining whether the brake signal lasts for the set period of time or longer in response to the output current relative to the value of the brake signal being greater than or equal to the set value ([0021] in order to determine the driving motor is accelerating, a predetermined time is needed to determine and the break signal must be applied during the period “while the input of the brake signal is being received”, and to determine “strongly”, a threshold must be exceed [0146]).
CHON does not disclose comparing a value of the brake signal with an output current of the battery. Tanaka discloses a battery operating vehicle, wherein the motor output is approximately proportional to the magnitude of the output current from the battery (Column 4, lines 2-4); and an output current of the battery, an output current of the motor, a motor torque signal, or the like is employed as a motor output signal indicating the driven state of the motor (Column 2, lines 46-50). 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 CHON to incorporate the teaching of Tanaka and comparing a value of the brake signal with an output current of the battery. Doing so would allow using a battery output current to monitor the emergency mode while using the same current sensor to monitor health of the battery when needed.
Conclusion
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 THAI H TRAN whose telephone number is (571)270-0668. The examiner can normally be reached M - F 8:30 - 5:00.
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/THAI H TRAN/Examiner, Art Unit 2836
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
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