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 .
This Office Action is in response to Applicant Amendment and Arguments filed on 5/5/2026.
Claim(s) 1 - 20 are pending for examination.
This Action is made FINAL.
Previous Claim Rejections - 35 USC § 112
Claim(s) 3 and 13 were previously rejected under 35 U.S.C. 112(b). In response to Applicant's amendment, the 35 U.S.C. 112(b) rejection(s) of claim(s) 3 and 13 have been withdrawn.
Response to Arguments
Applicant's arguments with respect to the previous rejection of claims 1 - #20 under 35 U.S.C. 103 have been considered but are not persuasive.
Applicant first argues:
“Yu, Feltham, and Harvey fail to describe or suggest each and every feature of claim 1. More specifically, Yu, Feltham, and Harvey fail to describe or suggest to initiate an emergency lifesaving mode when both (i) the SOC is less than or equal to the predetermined minimum SOC, and (ii) the predetermined temperature conditions dangerous to human life are detected.
The Office takes the position that Yu teaches this feature in pars. [0086] and [0088]-[0089] (OA, pages 7-8). Applicant respectfully disagrees. Yu only describes responding to environmental conditions (e.g., excessive temperatures). Yu does not teach or suggest that this response is triggered by, dependent upon, or even considers battery SOC levels. Claim 1 requires dual triggering conditions (including being < the predetermined minimum SOC) to be satisfied as the impetus for initializing the emergency lifesaving mode. Yu makes no such determination.
Feltham is merely cited as teaching an HVAC system (OA, pages 9-10) and fails to remedy the deficiencies of Yu. Harvey is cited for the teaching of monitoring the SOC of the HV battery system (OA, pages 11-12). However, as correctly noted by the Office, Harvey teaches "to disconnect the lithium battery 52 from the motor system 30 if the remaining charge reaches (or falls below) the predefined minimum charge threshold to safeguard the battery against becoming over-discharged." Thus, Harvey's teaching is directly opposite to the claimed invention. Harvey disconnects the battery when the minimum threshold is reached to protect the battery. In contrast, the claimed invention makes an explicit decision to override the normal battery protection and allow the battery to discharge to preserve human life during dangerous temperature conditions.
Moreover, if art "teaches away" from a claimed invention, such a teaching supports the nonobviousness of the invention (e.g., see MPEP §2144.05(11I)(B)). In this case, Harvey teaches that the battery should be disconnected when it reaches a minimum SOC in order to protect the battery. This is in direct contradiction to the requirements of claim 1 to continue to provide power from the HV battery system at or below the predetermined minimum SOC to operate in the emergency lifesaving mode. As such, Applicant submits it would not be obvious to combine Yu and Harvey.”
Examiner disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). It is implied that Yu would execute its lifesaving mode at any SOC and thus would execute when below an SOC threshold a person of ordinary skill in the art would know that human life should be prioritized. Harvey teaches monitoring the state of charge. Harvey’s teaching is not opposite to the claimed invention nor teaches away because Harvey does state that the same behavior would be executed when temperature dangerous to human life is detected. A person of ordinary skill in the art would not summarize that battery should be cut off when temperature is dangerous to human life because it is common knowledge the human life takes priority over battery health.
Applicant second argues:
“Claim 2 requires wherein in the lifesaving mode, the HV battery system is allowed to be reduced to an absolute zero SOC to preserve human life. The Office cites Yu as teaching a control loop and concludes the "hvac will continue running until the situation is resolved meaning the hvac will continue till the battery is completely drained" (OA, pages 12-13). Applicant respectfully disagrees. The Office is making an assumption. Nowhere does Yu describe or suggest operating until a battery is at absolute zero SOC. As stated in Applicant's specification, and as evidenced by Harvey, newer electrified vehicles have an HV battery system designed to shut down prior to reaching absolute zero SOC. Accordingly, Applicant submits claim 2 is patentable over the cited art.”
Examiner disagrees. Yu states the system will run until the situation is resolved. Thus if the vehicle is never opened the situation is not resolved. Thus it is implied that the battery would be allowed to reduce till zero state of charge. MPEP 2142 states, to support the conclusion that the claimed invention is directed to obvious subject matter, either the references must expressly or impliedly suggest the claimed invention or the examiner must present a convincing line of reasoning as to why the artisan would have found the claimed invention to have been obvious in light of the teachings of the references." Ex parte Clapp, 227 USPQ 972, 973 (Bd. Pat. App. & Inter. 1985).
Applicant third argues:
“Claims 3 and 4 - Applicant notes the Office utilizes a further teaching of Harvey to meet the claim limitation, but provides no reason or motivation for further modifying Yu with Havery. Thus, no apparent reason has been identified that would motivate a skilled artisan to arrive at the modifications necessary to achieve the claimed invention. An obviousness rejection cannot merely state conclusory allegations of obviousness without providing a sound basis for how, and importantly why, the prior art suggested the combination. See KSR Int'/ Co. v. Teleflex Inc., 127 S.Ct. 1727, 1741 (2007). Accordingly, Applicant submits the Office has failed to establish a prima facie case of obviousness for claims 3 and 4.”
Examiner disagrees. Harvey is not relied upon in the rejection of claim 3 and the teachings of Harvey in claim 4 is merely an extension of the teaching already presented in claim 1 and thus the same motivation applies.
Applicant does not present arguments that differ from the ones above for claims 5-20 and therefore the arguments for those claims are not persuasive for the same reasons.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification recites “At 324, control disables/shuts-off all non-essential vehicle power-using functions to extend operation in the emergency lifesaving mode.” But the claim recites the non-essential function set and the vehicle systems “that are not utilized for the lifesaving mode” are not necessarily the same and thus there is a lack of written description. If they are the same this would invoke the previous 112(b) rejection made on “all non-essential vehicle systems” as what is essential is subjective.
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 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) 1-5, 10-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20200198439 A1, hereinafter known as Yu) in view of Feltham (US 20230191873 A1) and Harvey et al. (US 12240340 B2, hereinafter known as Harvey).
Regarding Claim 1, Yu teaches A thermal system for an electrified vehicle having an electrified powertrain with an electric motor powered by a high voltage (HV) battery system, the thermal system comprising:
a heating, ventilation, and air conditioning (HVAC) system configured to control an environment of a cabin of the electrified vehicle, the HVAC system including
{Abstract “A computer-implemented process for controlling a vehicle interior includes detecting a previously defined situation that relates to an undesirable environmental condition of the vehicle interior, and assessing both a risk level and an urgency level, based on a vehicle sensor input. The process also includes generating a vehicle command based upon the detected previously defined situation, the assessed risk level, and assessed urgency level, and executing the generated vehicle command to control at least one of an engine, a window, and a heating, ventilation and air conditioning (HVAC) unit to modify an environmental condition of the vehicle interior.”
Para [0251] “Also, in some embodiments, to proactively anticipate possible interruptions to life-sustaining operation, when the control algorithm detects a very low fuel level (or battery level in case of electric vehicles), the control algorithm is programmed to call 911 for rescue, if a 911 rescue request has not already been issued.”
}
one or more sensors; and
{Para [0060] “Referring now to the drawings, and in particular to FIG. 1A, a schematic view 100 of an example vehicle 102 is illustrated. The vehicle 102 comprises a controller 104 (e.g., microprocessor, controller, etc.) that collects data from various vehicle sensors 106 positioned throughout the vehicle 102. Examples of vehicle sensors include, but are not limited to, temperature sensors 106, motion sensors 108, infrared sensors 110, air quality sensors 112, weight sensors 114, etc. The vehicle 102 may further include a sensor 116, such as a global positioning system (GPS), smart appliance, third party sensor, etc. In this regard, the sensor 116 can be standalone, or part of a system that can access cellular communication, the Internet (e.g., via a cellular to internet bridge) etc. As such, the sensor 116 may include or interact with an “app” such as weather application, data collector, navigation system, geo-tagging system, etc. Further, the sensor 116 may comprise GPS, a temperature, or other sensor configuration on a smartphone, which can communicate with the controller 104, e.g., via wired connection, Bluetooth, etc. Notably, sensors can collect measurements from within a vehicle cabin/interior (e.g., vehicle cabin temperature, air quality, etc.), from outside the vehicle (e.g., the ambient temperature outside the vehicle), from remote sources such as the Internet, combinations thereof, etc. The position, quantity, type, and other features of the illustrated sensors is provided by way of illustration, and not by way of limitation.”
}
a controller having one or more processors and a non-transitory computer-readable storage medium having a plurality of instructions stored thereon, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
{Para [0058] “An example approach to carry out the above-three phases is referred to herein as a Monitor, Command, and Control (MCC) system. The MCC system can execute on native vehicle processors, utilize available native vehicle memory and event logs, and utilize native vehicle sensors (e.g., alone or in combination with other peripheral devices). In this regard, the MCC can also utilize native vehicle communication, e.g., across a vehicle network bus, to interact with vehicle control modules, e.g., engine controller, heating, ventilation, and air conditioning (HVAC) controller, window controller, door/door lock controller etc., as described more fully herein. As such, in certain implementations, no new hardware is required. In this regard the control algorithm is extensible, accounting for the realization that different vehicles from different manufacturers and respectively, their different models, may have different hardware capabilities and availabilities.”
Para [0066] “Yet further, the controller 104 includes (or is coupled to) program code 150 (e.g., e.g., which embodies the control algorithm that implements the three-phase process described herein), which is stored in memory 152 (e.g., read only memory, random access memory, non-volatile storage media such as a hard drive or solid state drive, combinations thereof, etc.). When the program code is read out and executed, the vehicle carries out the algorithms and approaches described more fully herein. In this regard, the controller 104 can read sensor data, store sensor data in the memory, access event logs 134, cause the vehicle to write event logs 134, store information in the memory 152, access metadata stored in the memory 152, etc., as described more fully herein.”
}
monitor the one or more sensors to detect one or more predetermined temperature conditions dangerous to human life; and
{ Para [0040-0042] “In this regard, detection of the undesirable and/or unintended environmental condition can be based, for example, upon an actual measurement, such a measurement that crossed a predetermined threshold. Detection can also be based upon an inference, such as an algorithm decision that is computed based upon available sensor data that may be indirect, but correlates to the undesirable and/or unintended environmental condition. For instance, as will be described in greater detail herein, knowledge of temperature outside a vehicle can be used (alone or with other information) to infer a temperature within the vehicle. That inferred temperature can be compared with a predetermined temperature threshold to trigger the detection.
Detection can also be based upon a probabilistic determination, such as computed likelihood of the of the undesirable and/or unintended environmental condition exceeding a preset probability. For instance, a vehicle may not have an interior temperature sensor. However, the algorithm, according to aspect herein, based on data inputs from other sensors and other data sources (e.g., GPS, calendar, clock, etc.), and triangulation on such information, can compute a probability that the temperature within the vehicle exceeds a predetermined temperature threshold. Thus, the computed probability can be compared with a predetermined probability threshold to trigger the detection when necessary.
Yet further, detection can be based upon a prediction (e.g., near future occurrence such as within a few minutes, within 30 minutes, within an hour, etc.) of reaching a pre-defined vehicle interior environmental condition, or a predicted likelihood of reaching a pre-defined vehicle interior environmental condition (e.g., likelihood exceeding a preset probability within a preset time).”
}
initiate an emergency lifesaving mode when (i) the SOC is less than or equal to the predetermined minimum SOC, and (ii) the predetermined temperature conditions dangerous to human life are detected,
wherein in the emergency lifesaving mode, the HVAC system compressor and blower are activated and powered by the HV battery system to maintain the cabin environment at a temperature to prevent life threatening temperature conditions.
{Para [0086] “The process 200 comprises detecting at 202, a PDS. The detection at 202 corresponds to Phase I described above. As a few illustrative examples, the process 200 can comprise detecting a PDS where an obtained temperature is below a first predetermined range (excessively cold temperature), an obtained temperature exceeds a second predetermined temperature range (excessively hot temperature), or an obtained air quality measurement satisfies a predetermined air quality condition (poor air quality, such as too little oxygen or too much carbon monoxide). In this regard, detection of the undesirable and/or unintended environmental condition can be based, for example, upon an actual measurement, inference, a probabilistic determination, a prediction, a predicted likelihood etc., as described more fully herein.”
Para [0088-0089] “The process 200 comprises generating at 206, a vehicle command based upon the detected previously defined situation, the assessed risk level, and assessed urgency level, corresponding to Phase III.
The process 200 comprises executing at 208, the generated vehicle command. For instance, in an example embodiment, the executed command controls at least one of an engine (e.g., by sending a command to an engine controller); a window (e.g., by sending a command to a window controller or motor); and a heating, ventilation and air conditioning (HVAC) unit (e.g., by sending a command to an HVAC controller), where the executed command modifies an environmental condition of the vehicle interior. The process 200 can also optionally initiate an alarm; and, send a message via a communication device, etc.”
}
Yu does not teach, a heating, ventilation, and air conditioning (HVAC) system configured to control an environment of a cabin of the electrified vehicle, the HVAC system including a compressor, a condenser, an evaporator, and a blower
monitor a state of charge (SOC) of the HV battery system to determine if the SOC is less than or equal to a predetermined minimum SOC where, in a normal course of operation, the HV battery system is shut down to extend a life and durability of the HV battery system;
However, Felthan teaches a heating, ventilation, and air conditioning (HVAC) system configured to control an environment of a cabin of the electrified vehicle, the HVAC system including a compressor, a condenser, an evaporator, and a blower
{para [0003] “Accordingly, systems, vehicles and methods are disclosed herein for efficiently maintaining the thermal conditions of electric vehicles. In some embodiments, a vehicle is provided which comprises a heating, ventilation, and air conditioning (HVAC) system, and processing circuitry configured to determine a vehicle occupant has left a cabin of the vehicle while the HVAC system of the vehicle is in operation, and in response to determining the vehicle occupant has left the cabin, adjusting a parameter of the HVAC system. In some embodiments, the HVAC system may comprise such processing circuitry.”
Para [0030] “Vehicle 101 may comprise HVAC system 116. Processing circuitry 102 may be communicatively connected to HVAC system 116. HVAC system 116 may comprise any of one or more of heating, ventilation, or air conditioning components, or any other suitable components, or any combination thereof, configured to maintain thermal comfort in vehicle 101 and/or control humidity of air in an interior of vehicle 101. In some embodiments, HVAC system 116 may comprise one or more of a variety of components (e.g., a compressor, a condenser, a fan, valving (e.g., controllable and/or fixed), a blower, an evaporator, a radiator, heat exchangers, a heater (e.g., a positive temperature coefficient (PCT) heater), a chiller, an expansion valve, a recirculation system, an air mixing portion, or any other suitable component, or any combination thereof. In some embodiments, one or more of such components of HVAC system 116 may be configured to process a working fluid (e.g., any suitable refrigerant, coolant, or other fluid) and provide conditioned air (e.g., having its temperature and/or humidity modified) to any suitable portion of vehicle 101 and/or ventilated seat 124. Additionally or alternatively, HVAC system 116 may comprise ventilation elements, e.g., use fans, blowers or ducts to circulate air and/or bring fresh air inside vehicle 101, where such air may or may not be conditioned, and/or may be used to reduce moisture of air within vehicle 101. In some embodiments, HVAC system 116 may employ any suitable sensor, e.g., current sensors (e.g., of a compressor motor) to measure an output power of HVAC system 116. In some circumstances, HVAC system 116 may be configured to provide heating and ventilation, without providing air conditioning; in some circumstances, HVAC system 116 may be configured to provide air conditioning and ventilation, without providing heating.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yu to incorporate the teachings of Feltham to have the HVAC system be comprised of a compressor, a condenser, an evaporator, and a blower because as is known in the art the use of a compressor, a condenser, an evaporator, and a blower in an HVAC system is a common configuration so it would be obvious to try.
Yu in view of Feltham does not teach, monitor a state of charge (SOC) of the HV battery system to determine if the SOC is less than or equal to a predetermined minimum SOC where, in a normal course of operation, the HV battery system is shut down to extend a life and durability of the HV battery system;
However, Harvey teaches monitor a state of charge (SOC) of the HV battery system to determine if the SOC is less than or equal to a predetermined minimum SOC where, in a normal course of operation, the HV battery system is shut down to extend a life and durability of the HV battery system;;
{Column 9 “At this time and in accordance with some embodiments, both the BMS 50 and the motor system 30 perform various self-tests. For example, the BMS 50 checks the amount of charge remaining in the lithium battery 52 and, if the amount of charge is below a predefined minimum charge threshold, the BMS 50 terminates (e.g., immediately terminates) the actuation signal 136 to electrically disconnect the lithium battery 52 from the motor system 30. Such operation prevents the lithium battery 52 from becoming over-discharged. It should be understood that, while the BMS 50 remains awake, the BMS 50 continues to monitor charge remaining in the lithium battery 52 and terminates the actuation signal 136 to disconnect the lithium battery 52 from the motor system 30 if the remaining charge reaches (or falls below) the predefined minimum charge threshold to safeguard the battery against becoming over-discharged. In particular, there is still safety margin between the predefined minimum charge threshold and an over-discharged level.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yu in view of Feltham to incorporate the teachings of Harvey to monitor if state of charge of the battery is below a threshold because it can prevent the battery from being over discharged which improves safety (Column 1-2 “Unfortunately, it would be unsafe to simply substitute lithium batteries in place of lead acid batteries. For example, if one were to simply replace a lead acid battery with a lithium battery in an electric vehicle, it may be possible to deeply discharge and then recharge the lithium battery. However, recharging a lithium battery that has been over-discharged may make the lithium battery unstable and thus susceptible to a hazardous event. Improved techniques are directed to electronically controlling electrical access to lithium batteries on utility vehicles. Such techniques provide the ability to automatically disconnect the lithium batteries from loads in response to certain situations such as fault conditions, timeouts, and sleep events. Such operation prevents the lithium batteries from discharging even due to parasitic loads while the utility vehicles are idle. As a result, such operation robustly and reliably prevents the lithium batteries from being recharged after being over-discharged and thus safeguards the lithium batteries against becoming unstable.”)
Regarding Claim 2, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Yu further teaches wherein in the lifesaving mode, the HV battery system is allowed to be reduced to an absolute zero SOC to preserve human life.
{fig. 2a and para [0089-0090] “The process 200 comprises executing at 208, the generated vehicle command. For instance, in an example embodiment, the executed command controls at least one of an engine (e.g., by sending a command to an engine controller); a window (e.g., by sending a command to a window controller or motor); and a heating, ventilation and air conditioning (HVAC) unit (e.g., by sending a command to an HVAC controller), where the executed command modifies an environmental condition of the vehicle interior. The process 200 can also optionally initiate an alarm; and, send a message via a communication device, etc.
The process 200 also comprises performing in a cyclically recurring manner, a control loop. The control loop continues until the detected PDS is resolved, as detected by decision logic at 210. A PDS can be resolved by detecting that there are no longer any occupants in the vehicle, by detecting that the environmental condition (e.g., temperature, air quality, etc.) associated with the detected PDS has been restored to an acceptable level, that the vehicle has been started and driven, etc.”
The hvac will continue running until the situation is resolved meaning the hvac will continue till the battery is completely drained if they situation is not resolved.
Thus is further supported by para [0147] “That is, the algorithm may tolerate a slightly higher cabin temperature if it means maintaining the vehicle cabin temperature within an acceptable window of temperatures that are below a maximum temperature threshold for a relatively longer time than what would be realized by running the air conditioning on high until the vehicle's energy is depleted.”
}
Regarding Claim 3, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Yu further teaches wherein in the lifesaving mode, all vehicle systems that utilize HV battery system power and that are not utilized for the lifesaving mode are shut down.
{Para [0151] “In certain scenarios, vehicles typically have a finite supply of energy (gas, battery, etc.). Therefore, certain embodiments balance an optimization of energy with a rate at which the system tries to transition down into a less severe state (by lowering a probability of adverse event) when performing the predetermined action. For example, systematically and strategically raising and lowering the windows may reduce the duration within the third probability zone 308 (extend the time periods in a lower zone) relative to controlling the vehicle's air conditioning if running the HVAC will exhaust the available energy of the vehicle. That is, the algorithm may tolerate a slightly higher cabin temperature if it means maintaining the vehicle cabin temperature within an acceptable window of temperatures that are below a maximum temperature threshold for a relatively longer time than what would be realized by running the air conditioning on high until the vehicle's energy is depleted.
Said differently, the process can dynamically calculate which action, or set of actions, is most appropriate based on the totality of the situation.”
Where the system manages the running of systems to minimizing energy drain while still ensuring necessary temperature.
It should be noted that under broadest reasonable interpretation all vehicle systems can be used in the lifesaving mode as it has not been defined what vehicle systems if any are not used by the lifesaving mode. Additionally, this claim has been rejected under 112(a) as detailed above.
}
Regarding Claim 4, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Harvey further teaches wherein in the lifesaving mode, the electrified vehicle is prevented from driving.
{Column 9 “At this time and in accordance with some embodiments, both the BMS 50 and the motor system 30 perform various self-tests. For example, the BMS 50 checks the amount of charge remaining in the lithium battery 52 and, if the amount of charge is below a predefined minimum charge threshold, the BMS 50 terminates (e.g., immediately terminates) the actuation signal 136 to electrically disconnect the lithium battery 52 from the motor system 30. Such operation prevents the lithium battery 52 from becoming over-discharged. It should be understood that, while the BMS 50 remains awake, the BMS 50 continues to monitor charge remaining in the lithium battery 52 and terminates the actuation signal 136 to disconnect the lithium battery 52 from the motor system 30 if the remaining charge reaches (or falls below) the predefined minimum charge threshold to safeguard the battery against becoming over-discharged. In particular, there is still safety margin between the predefined minimum charge threshold and an over-discharged level.”
Yu already teaches the lifesaving mode being able to be run until the battery is completely drained as evidenced by fig. 2a and para [0251] of Yu
}
Regarding Claim 5, Yu in view of Feltham and Harvey teaches The thermal system of claim 1.
Yu further teaches in the lifesaving mode, the controller is configured to override the normal course
{para [0144] “The following is a working example of an embodiment corresponding to FIG. 3D. In this example, assume that the vehicle 102 is parked, and the weight sensor 114 has detected an occupant within the vehicle 102. Other vehicle sensors such as the motion sensor 108 or infrared sensor 110 can confirm, corroborate, substantiate, verify, etc., the detection of the occupant. The other vehicle sensors such as the temperature 106 and air quality sensors 112 may continuously or periodically take readings from the environment, which are considered by the algorithm. Based on the sensor readings, the process determines that the vehicle occupant is within the first probability zone 304, and that no predetermined action 332 is necessary. For instance, assume that the temperature is within a predetermined range, e.g., 70 degrees Fahrenheit (about 21.1 degrees Celsius), and the air quality is acceptable. This results in a relatively low probability of an adverse event.
If the situation changes, such as a significant increase in temperature, then the increased temperature will act as a triggering event for the calculation. FIG. 3A is a visual representation of that calculation. The process will dynamically establish the time zones based on a variety of factors such as the current temperature, the rate of increase of the temperature, the known physical characteristics of the vehicle, vehicle occupant, etc. As a working example, assume that the first time zone (between t0 and t1) is 15 minutes. After 15 minutes has elapsed, assume that the process determines that the vehicle occupant is now within the second probability zone 306, which has a higher degree of risk to the vehicle occupant. At this point, the process may determine that a predetermined action 310 is necessary. As a result, the process may activate the engine via the engine controller 124 and HVAC system via the HVAC controller 126 to cool down the cabin temperature. The process may also and/or alternatively decide to lower the window(s), e.g., 4 inches (10.16 cm). Alternatively, the process can wait until the third probability zone 308 to take action.”
Opening windows and turning on vehicle systems can be considered as overriding the normal course because they are not done with operator consent. (the vehicle is aware that a non-normal situation is occurring)
}
Harvey teaches the normal course of operation shut down of the HV battery system when it reaches the predetermined minimum SOC.
{Column 9 “At this time and in accordance with some embodiments, both the BMS 50 and the motor system 30 perform various self-tests. For example, the BMS 50 checks the amount of charge remaining in the lithium battery 52 and, if the amount of charge is below a predefined minimum charge threshold, the BMS 50 terminates (e.g., immediately terminates) the actuation signal 136 to electrically disconnect the lithium battery 52 from the motor system 30. Such operation prevents the lithium battery 52 from becoming over-discharged. It should be understood that, while the BMS 50 remains awake, the BMS 50 continues to monitor charge remaining in the lithium battery 52 and terminates the actuation signal 136 to disconnect the lithium battery 52 from the motor system 30 if the remaining charge reaches (or falls below) the predefined minimum charge threshold to safeguard the battery against becoming over-discharged. In particular, there is still safety margin between the predefined minimum charge threshold and an over-discharged level.”
}
Regarding Claim 10, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Yu further teaches wherein the predetermined temperature conditions are a temperature of the vehicle cabin.
{Para [0060] “Referring now to the drawings, and in particular to FIG. 1A, a schematic view 100 of an example vehicle 102 is illustrated. The vehicle 102 comprises a controller 104 (e.g., microprocessor, controller, etc.) that collects data from various vehicle sensors 106 positioned throughout the vehicle 102. Examples of vehicle sensors include, but are not limited to, temperature sensors 106, motion sensors 108, infrared sensors 110, air quality sensors 112, weight sensors 114, etc. The vehicle 102 may further include a sensor 116, such as a global positioning system (GPS), smart appliance, third party sensor, etc. In this regard, the sensor 116 can be standalone, or part of a system that can access cellular communication, the Internet (e.g., via a cellular to internet bridge) etc. As such, the sensor 116 may include or interact with an “app” such as weather application, data collector, navigation system, geo-tagging system, etc. Further, the sensor 116 may comprise GPS, a temperature, or other sensor configuration on a smartphone, which can communicate with the controller 104, e.g., via wired connection, Bluetooth, etc. Notably, sensors can collect measurements from within a vehicle cabin/interior (e.g., vehicle cabin temperature, air quality, etc.), from outside the vehicle (e.g., the ambient temperature outside the vehicle), from remote sources such as the Internet, combinations thereof, etc. The position, quantity, type, and other features of the illustrated sensors is provided by way of illustration, and not by way of limitation.”
Para [0041] “In an example implementation, each PDS (representing a corresponding adverse situation type) is associated with an undesirable (including unintended) environmental condition of the vehicle interior, such as an excessively hot temperature, an excessively cold temperature, poor air quality (e.g., poor oxygen level, excessive carbon monoxide level, etc.), or combination thereof.”
}
Regarding claim 11, it recites a method having limitations similar to those of claim 1 and therefore is rejected on the same basis.
Regarding claim 12, it recites a method having limitations similar to those of claim 2 and therefore is rejected on the same basis.
Regarding claim 13, it recites a method having limitations similar to those of claim 3 and therefore is rejected on the same basis.
Regarding claim 14, it recites a method having limitations similar to those of claim 4 and therefore is rejected on the same basis.
Regarding claim 15, it recites a method having limitations similar to those of claim 5 and therefore is rejected on the same basis.
Regarding claim 20, it recites a method having limitations similar to those of claim 10 and therefore is rejected on the same basis.
Claim(s) 6-7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20200198439 A1, hereinafter known as Yu) in view of Feltham (US 20230191873 A1), Harvey et al. (US 12240340 B2, hereinafter known as Harvey), and Gilbert Eyres et al. (US 20250026168 A1, hereinafter known as Gilbert Eyres).
Regarding Claim 6, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Harvey further teaches wherein when (i) the SOC is less than or equal to the predetermined minimum SOC
{ Column 9 “At this time and in accordance with some embodiments, both the BMS 50 and the motor system 30 perform various self-tests. For example, the BMS 50 checks the amount of charge remaining in the lithium battery 52 and, if the amount of charge is below a predefined minimum charge threshold, the BMS 50 terminates (e.g., immediately terminates) the actuation signal 136 to electrically disconnect the lithium battery 52 from the motor system 30. Such operation prevents the lithium battery 52 from becoming over-discharged. It should be understood that, while the BMS 50 remains awake, the BMS 50 continues to monitor charge remaining in the lithium battery 52 and terminates the actuation signal 136 to disconnect the lithium battery 52 from the motor system 30 if the remaining charge reaches (or falls below) the predefined minimum charge threshold to safeguard the battery against becoming over-discharged. In particular, there is still safety margin between the predefined minimum charge threshold and an over-discharged level.”
}
Yu in view of Feltham and Harvey does not teach, (ii) the predetermined temperature conditions dangerous to human life are detected, the controller is further configured to: display a notification on a vehicle screen asking if a user would like to initiate the emergency lifesaving mode.
However Gilbert-Eyres teaches (ii) the predetermined temperature conditions dangerous to human life are detected, the controller is further configured to: display a notification on a vehicle screen asking if a user would like to initiate the emergency lifesaving mode.
{Para [0036] “Vehicle systems and methods according to the present disclosure provide solutions for enabling selective climate control in a vehicle based on measured surface temperatures of vehicle objects and/or user notification of potentially dangerous surface temperatures of the objects. For example, the vehicle systems and methods herein may provide a reactive solution by detecting a potentially dangerous condition, automatically taking actions to mitigate the condition, and alerting an occupant of the vehicle of the detected condition. Additionally and/or alternatively, the vehicle systems and methods may provide a proactive or preventative solution by estimating surface temperatures of objects internal and/or external of the vehicle based on received internal and/or external data, and then alerting users if the estimated surface temperatures are potentially high, thereby allowing the users or the vehicle climate control to take actions to help reduce the chances of the objects inside or outside of the vehicle of reaching these unsafe temperatures. As such, through the reactive and/or proactive solutions, potentially dangerous surface temperature conditions may be detected and mitigated, thereby resulting in improved occupant safety.”
Para [0048] “In some embodiments, the control module 102 may alert occupant(s) inside or outside the vehicle of any objects having the elevated and potentially dangerous surface temperatures. For example, the control module 102 may send a signal 136 (e.g., an alert signal) to a user communication device 138 indicative of any object of the vehicle having a measured surface temperature greater than the defined threshold. In such examples, the user communication device 138 may be a personal user device (e.g., cell phone, a tablet, etc.) in communication with the control model 102 and that is capable of warning a user. For example, the user communication device 138 may be connected (e.g., wirelessly or wired) to a communication module in the vehicle. In some examples, the user communication device 138 may receive the alert signal via cellular networks. In other examples, the user communication device 138 may be a user display in the vehicle (e.g., in a user control center of the vehicle, etc.). In such examples, the user communication device 138 may receive the alert signal and then display or otherwise notify (e.g., via an audible warning, another visual warning, etc.) occupant(s) of the vehicle.”
Para [0057] “Additionally, in some examples, the control module 102 may suggest one or more corrective actions for mitigating such potential for elevated surface temperatures of the vehicle. For example, the control module 102 may generate one or more recommendations to decrease an estimated surface temperature of a vehicle object, and then transmit the recommendation(s) to the user communication device 138 via the signal 136. For instance, the control module 102 may suggest moving the vehicle, adjusting (or adding) an interior vehicle shade in a particular zone, powering the vehicle on to activate the climate control module 126, etc. In such examples, moving the vehicle may include, for example, positioning the vehicle at a different angle (e.g., relative to the sun), moving the vehicle to a different location, moving the vehicle at a particular time of day, etc.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yu in view of Feltham Harvey to incorporate the teachings of Gilbert Eyres to alert the user and provide recommendations based on the dangerous temperature because it improves safety (Para [0036] “Vehicle systems and methods according to the present disclosure provide solutions for enabling selective climate control in a vehicle based on measured surface temperatures of vehicle objects and/or user notification of potentially dangerous surface temperatures of the objects. For example, the vehicle systems and methods herein may provide a reactive solution by detecting a potentially dangerous condition, automatically taking actions to mitigate the condition, and alerting an occupant of the vehicle of the detected condition. Additionally and/or alternatively, the vehicle systems and methods may provide a proactive or preventative solution by estimating surface temperatures of objects internal and/or external of the vehicle based on received internal and/or external data, and then alerting users if the estimated surface temperatures are potentially high, thereby allowing the users or the vehicle climate control to take actions to help reduce the chances of the objects inside or outside of the vehicle of reaching these unsafe temperatures. As such, through the reactive and/or proactive solutions, potentially dangerous surface temperature conditions may be detected and mitigated, thereby resulting in improved occupant safety.”)
Regarding Claim 7, Yu in view of Feltham, Harvey, and Gilbert Eyres teaches The thermal system of claim 8. Yu further teaches wherein the controller is further configured to: detect if a user does not select to initiate the emergency lifesaving mode; determine if a passenger is detected within the vehicle cabin, if the user does not select to initiate the emergency lifesaving mode; and automatically initiate the emergency lifesaving mode if a passenger is detected within the vehicle cabin.
{Para [0095] “In practical applications, the process 200 can be predicated upon detecting that an occupant is within the vehicle interior and at least one condition is satisfied, e.g., an engine of the vehicle is stopped, or the engine is running, but the vehicle has not moved in a predetermined amount of time (e.g., vehicle is stopped, not being actively driven, etc.). Occupant presence can be determined using weight sensors as explained herein, or using other techniques. Engine status can be checked by querying a vehicle engine controller.”
Para [0045] “A PDS may also be associated with other factors in addition to vehicle interior environmental conditions. For instance, a PDS can include, or be predicated upon, the presence of a vehicle occupant within the vehicle.”
Abstract “A computer-implemented process for controlling a vehicle interior includes detecting a previously defined situation that relates to an undesirable environmental condition of the vehicle interior, and assessing both a risk level and an urgency level, based on a vehicle sensor input. The process also includes generating a vehicle command based upon the detected previously defined situation, the assessed risk level, and assessed urgency level, and executing the generated vehicle command to control at least one of an engine, a window, and a heating, ventilation and air conditioning (HVAC) unit to modify an environmental condition of the vehicle interior.”
}
Regarding claim 16, it recites a method having limitations similar to those of claim 6 and therefore is rejected on the same basis.
Regarding claim 17, it recites a method having limitations similar to those of claim 7 and therefore is rejected on the same basis.
Claim(s) 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 20200198439 A1, hereinafter known as Yu) in view of Feltham (US 20230191873 A1), Harvey et al. (US 12240340 B2, hereinafter known as Harvey), and Inoue (US 20220198909 A1).
Regarding Claim 8, Yu in view of Feltham and Harvey teaches The thermal system of claim 1. Yu further teaches wherein the predetermined temperature conditions are an exterior
{para [0060] “Referring now to the drawings, and in particular to FIG. 1A, a schematic view 100 of an example vehicle 102 is illustrated. The vehicle 102 comprises a controller 104 (e.g., microprocessor, controller, etc.) that collects data from various vehicle sensors 106 positioned throughout the vehicle 102. Examples of vehicle sensors include, but are not limited to, temperature sensors 106, motion sensors 108, infrared sensors 110, air quality sensors 112, weight sensors 114, etc. The vehicle 102 may further include a sensor 116, such as a global positioning system (GPS), smart appliance, third party sensor, etc. In this regard, the sensor 116 can be standalone, or part of a system that can access cellular communication, the Internet (e.g., via a cellular to internet bridge) etc. As such, the sensor 116 may include or interact with an “app” such as weather application, data collector, navigation system, geo-tagging system, etc. Further, the sensor 116 may comprise GPS, a temperature, or other sensor configuration on a smartphone, which can communicate with the controller 104, e.g., via wired connection, Bluetooth, etc. Notably, sensors can collect measurements from within a vehicle cabin/interior (e.g., vehicle cabin temperature, air quality, etc.), from outside the vehicle (e.g., the ambient temperature outside the vehicle), from remote sources such as the Internet, combinations thereof, etc. The position, quantity, type, and other features of the illustrated sensors is provided by way of illustration, and not by way of limitation.”
Para [0041-0042] “In an example implementation, each PDS (representing a corresponding adverse situation type) is associated with an undesirable (including unintended) environmental condition of the vehicle interior, such as an excessively hot temperature, an excessively cold temperature, poor air quality (e.g., poor oxygen level, excessive carbon monoxide level, etc.), or combination thereof.
In this regard, detection of the undesirable and/or unintended environmental condition can be based, for example, upon an actual measurement, such a measurement that crossed a predetermined threshold. Detection can also be based upon an inference, such as an algorithm decision that is computed based upon available sensor data that may be indirect, but correlates to the undesirable and/or unintended environmental condition. For instance, as will be described in greater detail herein, knowledge of temperature outside a vehicle can be used (alone or with other information) to infer a temperature within the vehicle. That inferred temperature can be compared with a predetermined temperature threshold to trigger the detection.”
}
Yu in view of Feltham and Harvey does not teach, wet bulb temperature
However Inoue teaches the predetermined temperature conditions are an
{Para [0074] “the cabin environment information acquisition unit 802 acquires information on cabin environment (hereinafter, cabin environment information) of the vehicle 100 based on outputs of the cabin camera 10, the room temperature sensor 20, the humidity sensor 30, and the like when the vehicle 100 is in a parked state. Specifically, cabin environment information is information indicating a physical and psychological load on a monitored living body in the cabin of the vehicle 100. Cabin environment information is, for example, a heat index (wet bulb globe temperature (WBGT)) indicating a physical and psychological load due to heat on a monitored living body in the cabin of the vehicle 100. The cabin environment information acquisition unit 802 may, for example, execute an image analysis process based on image data taken by the room temperature sensor 20 and estimate the influence of radiation heat on a monitored living body from a degree to which the sunlight enters the cabin of the vehicle 100, or another factor. With this configuration, the cabin environment information acquisition unit 802 is able to calculate a heat index based on the room temperature, humidity, and radiation heat in the cabin of the vehicle 100.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yu in view of Feltham and Harvey to incorporate the teachings of Inoue to specifically use a wet bulb temperature as the temperature because it represents that actual heat load on the body as stated in para [0074] of Inoue.
Regarding Claim 9, Yu in view of Feltham, Harvey, and Inoue teaches The thermal system of claim 8. Yu further teaches wherein the predetermined temperature conditions are greater than or equal to an exterior wet bulb temperature ofa predetermined amount.
{para [0060] “Referring now to the drawings, and in particular to FIG. 1A, a schematic view 100 of an example vehicle 102 is illustrated. The vehicle 102 comprises a controller 104 (e.g., microprocessor, controller, etc.) that collects data from various vehicle sensors 106 positioned throughout the vehicle 102. Examples of vehicle sensors include, but are not limited to, temperature sensors 106, motion sensors 108, infrared sensors 110, air quality sensors 112, weight sensors 114, etc. The vehicle 102 may further include a sensor 116, such as a global positioning system (GPS), smart appliance, third party sensor, etc. In this regard, the sensor 116 can be standalone, or part of a system that can access cellular communication, the Internet (e.g., via a cellular to internet bridge) etc. As such, the sensor 116 may include or interact with an “app” such as weather application, data collector, navigation system, geo-tagging system, etc. Further, the sensor 116 may comprise GPS, a temperature, or other sensor configuration on a smartphone, which can communicate with the controller 104, e.g., via wired connection, Bluetooth, etc. Notably, sensors can collect measurements from within a vehicle cabin/interior (e.g., vehicle cabin temperature, air quality, etc.), from outside the vehicle (e.g., the ambient temperature outside the vehicle), from remote sources such as the Internet, combinations thereof, etc. The position, quantity, type, and other features of the illustrated sensors is provided by way of illustration, and not by way of limitation.”
Para [0041-0042] “In an example implementation, each PDS (representing a corresponding adverse situation type) is associated with an undesirable (including unintended) environmental condition of the vehicle interior, such as an excessively hot temperature, an excessively cold temperature, poor air quality (e.g., poor oxygen level, excessive carbon monoxide level, etc.), or combination thereof.
In this regard, detection of the undesirable and/or unintended environmental condition can be based, for example, upon an actual measurement, such a measurement that crossed a predetermined threshold. Detection can also be based upon an inference, such as an algorithm decision that is computed based upon available sensor data that may be indirect, but correlates to the undesirable and/or unintended environmental condition. For instance, as will be described in greater detail herein, knowledge of temperature outside a vehicle can be used (alone or with other information) to infer a temperature within the vehicle. That inferred temperature can be compared with a predetermined temperature threshold to trigger the detection.”
Inoue teaches the temperature being a wet bulb temperature as discussed in the rejection of claim 8
}
Yu in view of Feltham and Harvey and Inoue discloses the claimed invention except that temperature used as the predetermined temperature conditions is specifically 31 degrees Celsius. It would have been an obvious matter of design choice to have the temperature be 31 degrees, since applicant has not disclosed that the temperature being specifically 31 degrees Celsius solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well when the temperature is threshold is set to another value.
Regarding claim 18, it recites a method having limitations similar to those of claim 8 and therefore is rejected on the same basis.
Regarding claim 19, it recites a method having limitations similar to those of claim 9 and therefore is rejected on the same basis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rao et al. (US 20110267186 A1) teaches in the abstract “A system and method are disclosed for detecting an occupant in a vehicle. Successive images from an infrared camera are analyzed to detect thermal characteristics of an occupant as well as movement. If an operator of the vehicle has exited the vehicle, the vehicle is deactivated, an occupant is detected, and a temperature in the cabin of the vehicle is higher or lower than desired, a report is made to the operator via a mobile phone or key fob.”
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.
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/A.G.M./Examiner, Art Unit 3668
/ABDHESH K JHA/Primary Examiner, Art Unit 3668
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