DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Examiner’s Response re: 103 Rejection
Applicant’s arguments, see Pages 9-14, filed 07 Jul 26, with respect to the rejection(s) of claim(s) 1-20 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Toyama, and Minamiura, Suzuki, Rag, Sch, Morisaki, and Lee.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, 10, and 20, the phrase " “charging power of a generator for a/the battery" is recited. It is unclear what to the examiner what is meant by this limitation. The specification describes that it is the charging power of the battery not the generator. It appears that the amendments to the independent claims corresponds to the subject matter disclosed at paragraphs [0135]-[0140] and Fig 4. The charging power described in the specification is the battery charging power. Specifically, at paragraph [0139] and [0140] it is disclosed that it is the charging power of the battery and not the charging power of the generator that is being obtained. For purposes of examination, the examiner assumes the limitation is meant to be “charging power of a battery”.
Further, in each of claims 1, 10 and 20, both a first charging power of the battery and a second charging power of the battery are obtained. As described in the specification and Fig. 4, the first charging power appears to be obtained at a first time after it is determined that the state of charge of the battery is greater than a preset state of charge. If the first charging power is greater than or equal to a preset charging power, the engine is controlled to drive the generator to charge the battery. Based on the specification at paragraph [0010], there is a one-to-one correspondence between the preset charging power and the preset state of charge and that a larger preset state of charge indicates a smaller preset charging power. Presumably, the second state of charge of the battery and the second current charging power are obtained after the battery has been charged for some time using the generator such that when the current charge of the battery goes up, the charging power goes down. However, claims 1, 10 and 20 state that “when the second current charge of the battery is greater than or equal to a second charge and when the second current charging power is greater than or equal to a second charging power….”. However, the specification does not explicitly define the second charge or the second preset charging power. It appears from the specification that the first preset charging power and the second preset charging power are the same preset charging power (based on Fig. 4 and the corresponding discussion in the specification). If the current charge is going up (based on the engine controlling the generator to charge the battery), then the charging power is going down. As such, it is unclear how the second current charge of the battery can be greater than the preset charge AND the second charging power can be greater than the preset charging power.
As best the examiner understands the claims, specifically referring to paragraphs [0013] and [0016], it appears that what is being claimed is that “[w]hen the state of charge of the battery is greater than or equal to the preset state of charge, if the charging power of the battery is less than the preset charging power, which may indicate that the battery is in a state in which charging is allowed, the vehicle controls the engine to drive the generator to charge the battery.” (Paragraph [0016]) and “[w]hen the state of charge of the battery is greater than or equal to the preset state of charge, if the charging power of the battery is greater than or equal to the preset charging power, which may indicate that the battery is in a state in which charging is not allowed, the vehicle controls the engine to idle “ (Paragraph [0013]. For purposes of examination, the examiner is interpreting claims 1, 10 and 20 as such.
Dependent claims 2-9 and 11-19 are rejected as being dependent upon a rejected claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 10, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina),
Regarding Claims 10, 1, and 20, Toyama discloses, a control apparatus (FIG. 1, #1 – control apparatus), comprising:
a memory configured to store instructions (¶[0059] – “… he memory 21 e stores the map for indicating the corresponding relationship between the OCV and the SOC,…”); and
one or more processors coupled to the memory and configured to cause the control apparatus to (¶[0060] – “…the computation unit 21 d and the memory 21 e may be constructed of a microcomputer, for example, and may execute the above-described various types of processing by executing various programs stored in a ROM on a CPU.”):
obtain a first current charge of a battery of a vehicle (Claim 8) and a first current charging power of a generator for the battery (See above 112b and ¶[0066] – “Noted that the electric power generating operation of the alternator 12 corresponds to a predetermined operation accompanied by the charging of the battery 20 in this embodiment.”);
control, when the first current charge is greater than or equal to a first charge and when the first current charging power is less than a first charging power (See above 112b and ¶[0117] – “… the battery 20 while a state that the original control SOC is equal to or less than a first predetermined threshold SOCth1…”), an engine of the vehicle to drive the generator to charge the battery (¶[0017] – “… an engine as a drive power source of the vehicle; and an electric power generator configured to generate electric power by rotation of the engine and to charge the battery...”);
control, when the second current charge is greater than or equal to a second charge and when the second current charging power is greater than or equal to a second charging power, the engine to idle and controlling the generator to be in a state of not generating power (See above 112b and ¶[0075] – “As described above, the engine ECU 40 controls the electric power generation voltage of the alternator 12 in accordance with the state of charge (SOC) of the battery 20. In other words, when the state of charge (SOC) of the battery 20 is equal to or more than the predetermined state, the engine ECU 40 reduces the electric power generation voltage of the alternator 12 and stops the charging of the battery 20. In this way, the deterioration of the battery 20 caused by the overcharging can be prevented. In addition, since a load on the alternator 12 is reduced, the fuel economy can be improved. Furthermore, when the state of charge (SOC) of the battery 20 becomes equal to or less than the predetermined state, the engine ECU 40 increases the electric power generation voltage of the alternator 12 and charges the battery 20. In this way, the deterioration of the battery 20 caused by the overdischarging of the battery 20 can be prevented. In addition, the appropriate state of charge of the battery 20 in accordance with the consumed electric power by the loads (the electric load 30, the engine ECU 40, the idle stop ECU 50, and the like) can be secured.”)
wherein the second charge is greater than the first charge, and the second charging power is less than the first charging power (See above 112b and FIG. 5 and ¶[0072] – “It is determined in step S103 whether the SOC of the battery 20 is equal to or more than a predetermined upper limit value SOCupper. If the SOC of the battery 20 is equal to or more than the predetermined upper limit value SOCupper, the process proceeds to step S104. If the SOC of the battery 20 is lower than the predetermined upper limit value SOCupper, the determination is repeatedly made until the SOC of the battery 20 becomes equal to or more than the predetermined upper limit value SOCupper.”).
Toyama discloses the battery and generator but does not disclose,
obtain a second current charge of the battery and a second current charging power of the generator for the battery.
However, Mina teaches,
obtain a second current charge of the battery and a second current charging power of the generator for the battery (Abstract – “…integrated current value and a state of charge decrease amount due to self-discharge of the secondary battery…”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by Shin to include the current value decrease as taught by the Mina. Doing so, enhances the capability of the control apparatus to control the vehicle and thus provides the operator with greater flexibility during operations.
Claims 2 - 4, 9, 11 - 13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina), and in further view of Suzuki, US 20070265762 A1 (herein Suzuki).
Regarding Claims 11 and 2, modified Toyama discloses the processors, control apparatus, vehicle, but does not disclose , wherein the one or more processors are further configured to cause the control apparatus start the engine to heat a passenger compartment of the vehicle.
However, Suzuki teaches,
wherein the one or more processors are further configured to cause the control apparatus start the engine to heat a passenger compartment of the vehicle (¶[0006] – “…a generator that consumes the output power of the internal combustion engine and generates electric power; an accumulator that is chargeable with the electric power generated by the generator; a heating system that heats a passenger compartment of the motor vehicle with the internal combustion engine as a heat source and sets on and off a heating drive request…”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include heating the vehicle’s passenger compartment as taught by the Suzuki. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and thus provide the necessary comfort during the winter months.
Regarding Claims 12 and 3, modified Toyama further discloses, wherein the one or more processors are further configured to cause the control apparatus to charge the battery using a maximum allowed generation power of the generator (¶[0073] – “….the overcharging is progressed if the charging thereof continues therefrom, that is, at a full state of charge (the SOC=100%), for example. In addition, the predetermined upper limit value SOCupper may be set as a slightly lower state of charge (for example, the SOC=95%) than the full state of charge at which regenerative electric power generated by the alternator 12…”).
Regarding Claims 13 and 4, modified Toyama discloses processors, control apparatus and generation power, and battery but does not disclose, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a generation power based on a target temperature and a correspondence between a plurality of temperatures and a plurality of generation powers; and
charge the battery using the generation power.
However, Suzuki teaches,
wherein the one or more processors are further configured to cause the control apparatus to:
obtain a generation power based on a target temperature and a correspondence between a plurality of temperatures and a plurality of generation powers (0031] – ‘…blower switch signal BSW representing heater on/off from a blower switch 94 a mounted on the operation panel 94, a setting temperature T* as a set temperature in the passenger compartment 21 from a setting temperature switch 94 b mounted on the operation panel 94, a passenger compartment temperature Tin as the measured internal temperature of the passenger compartment 21 from a temperature sensor 94 c mounted on the operation panel 94,…”); and
charge the battery using the generation power (Toyama).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include a power generation base on the target temperature among several temps and generation powers as taught by the Suzuki. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and thus provide the necessary comfort during the winter months.
Regarding Claims 18 and 9, modified Toyama discloses, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of an electrical machine based on the heating request, wherein the status of the electrical machine comprises at least one of: a motor state, a blocked state, and a generator state, and wherein the electrical machine is configured to supply power to the vehicle (¶[0156] – “In addition, the engine start/stop control in the hybrid vehicle is control for automatically stopping the engine if a predetermined engine stop condition is satisfied and starting the engine if a predetermined engine start condition is satisfied in a state of the engine stop (which is not limited to after the automatic stop). Said engine stop condition includes a condition related to the SOC of the high-voltage battery (for example, the SOC is in such a degree that the vehicle can travel a predetermined distance at a predetermined speed when the vehicle travels only by a motor with the power supply from the high-voltage battery after the engine stop, or the like). Similarly, said engine start condition includes a condition related to the SOC of the high-voltage battery (for example, the minimum SOC required is available when the vehicle travels only by the motor with the power supply from the high-voltage battery, or the like). Noted that the engine is started by the MG as a starter that is driven by the power supply from the high-voltage battery.”); and
start the engine when the status is the motor state or the generator state (¶[0156]).
Claims 14 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina), and in further view of Morisaki US 20190168741 A1 (herein, Morisaki).
Regarding Claims 14 and 5, modified Toyama discloses processors, control apparatus, battery, engine, and passenger compartment but does not disclose, wherein the one or more processors are further configured to cause the control apparatus to:
obtain, when detecting that the battery is being charged, a passenger compartment temperature;
record, when detecting that the battery is being charged, a charging duration of the battery;
and stop controlling the engine to drive the generator to charge the battery when at least one of: the charging duration is greater than or equal to a preset charging duration; and
the passenger compartment temperature is greater than or equal to a preset temperature.
However, Morisaki teaches, wherein the one or more processors are further configured to cause the control apparatus to:
obtain, when detecting that the battery is being charged, a passenger compartment temperature (¶[0041] – “…and a condition that no request is made for heating the passenger compartment using the engine 22 as a heat source…”);
record, when detecting that the battery is being charged, a charging duration of the battery (¶[0074] – “…EV instruction record counter Cev[i] corresponding to the object predetermined point P[i] is smaller than the reference value Cevref at step S320, the HVECU 70 estimates (determines) that the EV switch 89 is not turned ON in the predetermined time period T2 since the start of a next trip that is started at the object predetermined point P[i]. The HVECU 70 accordingly sets the predetermined value S2 described above to the target state of charge SOC* of the battery 50 (step S330)…”;
and
stop controlling the engine to drive the generator to charge the battery when at least one of:
the charging duration is greater than or equal to a preset charging duration; and
the passenger compartment temperature is greater than or equal to a preset temperature (¶[0041] – “… the passenger compartment using the engine 22 as a heat source. When the stop condition is met, the HVECU 70 stops operation of the engine 22 and shifts the drive mode to the EV drive mode. The request for warming up the engine 22 is made when the cooling water temperature Tw of the engine 22…”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include the battery detection when charging, record the battery charge duration, and stop controlling the engine as taught by the Morisaki. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and provides the record associated with the battery charging and thus allows better predictive ability of the battery life.
Claims 15 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina), and in further view of Schlotterbeck et al., US 3698204 A (herein, Sch).
Regarding Claims 15 and 6, modified Toyama discloses processors, control apparatus, and passenger compartment but does not disclose, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of a thermistor, wherein the status of the thermistor comprises a normal state or a faulty state, and wherein the thermistor is configured to heat the passenger compartment; and start the engine when the status is the faulty state.
However, Sch teaches, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of a thermistor, wherein the status of the thermistor comprises a normal state or a faulty state, and wherein the thermistor is configured to heat the passenger compartment; and start the engine when the status is the faulty state (Claim 1 – “…a constant pressure therein to prevent ice formation on the evaporator that could block air flow across the evaporator into the passenger compartment of the automobile, means including a first thermistor sensing the evaporator outlet temperature and producing a first variable resistance dependent upon the temperature of the evaporator outlet, a second thermistor sensing the temperature of refrigerant between the outlet of said throttling valve and the inlet of said compressor for producing a second electrical signal in response thereto, a circuit including first and second three-terminal, solid-state amplifier devices, means for directing said first and second electrical signals to one terminal of one of said devices, means for connecting said expansion valve transducer in circuit with second and third terminals of one of said device, said first and second signals from said thermistors varying the conductivity…”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include the status of the thermistor as taught by the Sch. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and thus provide the necessary comfort during the winter months.
Claims 17 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina), and in further view of Ragazzi et al., US 20150330351 A1 (herein, Rag).
Regarding Claims 17 and 8, modified Toyama discloses processors, control apparatus, and passenger compartment but does not disclose, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of a heat pump, wherein the status of the heat pump comprises a normal state or a faulty state, and wherein the heat pump is configured to heat the passenger compartment; and start the engine when the status is the faulty state.
However, Rag teaches, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of a heat pump, wherein the status of the heat pump comprises a normal state or a faulty state, and wherein the heat pump is configured to heat the passenger compartment; and start the engine when the status is the faulty state (¶[0111] – “At time T2, a driver uncouples the vehicle from the stationary electrical power grid as indicated by the grid connection trace transitioning to a lower level. The heat pump state transitions to a lower level to indicate that the heat pump is deactivated in response to engine temperature being greater than threshold 604 and the vehicle being uncoupled from the electrical grid. The heat pump heat transfer destination also switches from engine to passenger cabin in response to the vehicle being uncoupled from the stationary electrical grid. A short time thereafter, the trip time variable transitions to a lower level to indicate that the departure time has arrived. The trip time variable may change state in response to the arrival time being achieved or in response to the vehicle being electrically decoupled from the stationary electrical power grid. The vehicle operating state variable transitions to a higher level to indicate that the vehicle is operating in motor only mode where the electrical machine is the sole source of vehicle propulsion. The engine temperature remains between level 602 and level 604.”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include a the heat pump and the status of the same as taught by the Rag. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and thus provide the necessary comfort during the winter months.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Toyama., US 20170145977 A1 (herein, Toyama) in view of Minamiura US 20170028868 A1 (herein, Mina), and in further view of Lee et al., US 20230020602 A1 (herein, Lee).
Regarding Claim 19, modified Toyama discloses the processors, control apparatus, vehicle, passenger compartment, engine but does not disclose, wherein the one or more processors are further configured to cause the control apparatus to:
obtain a status of a compressor system of an air conditioner of the vehicle, wherein the status of the compressor system comprises a normal state or a faulty state, and wherein the compressor system is configured to heat the passenger compartment; and
start the engine when a capacity of a refrigerant is less than a preset capacity.
However, Lee teaches,
obtain a status of a compressor system of an air conditioner of the vehicle, wherein the status of the compressor system comprises a normal state or a faulty state, and wherein the compressor system is configured to heat the passenger compartment (Claim 11 – “The system of claim 10, wherein the refrigerant-cooling water flow control part is configured to, when entering the specific cooling target cooling mode under the passenger compartment cooling mode condition, allow the refrigerant in the refrigerant circulation line discharged from the outdoor heat exchanger to be introduced into the refrigerant-cooling water chiller and the low-pressure side indoor heat exchanger and allow the cooling water in the cooling water circulation line that has absorbed the waste heat of specific cooling target to circulate toward the refrigerant-cooling water chiller, so that when entering the specific cooling target cooling mode under the passenger compartment cooling mode condition, cold air is generated in the low-pressure side indoor heat exchanger to cool the passenger compartment, and the low-temperature refrigerant in the refrigerant circulation line introduced into the compressor and the cooling water in the cooling water circulation line that has absorbed the waste heat of the specific cooling target are allowed to exchange heat with each other in the refrigerant-cooling water chiller to dissipate the waste heat of the specific cooling target.”); and
start the engine when a capacity of a refrigerant is less than a preset capacity (¶[0070] – “Further, when the temperature of the waste heat of the battery 22 and the electric component module 24 is lower than a preset temperature in the passenger compartment heating mode, as shown in FIG. 5, the refrigerant-cooling water flow control part 70 executes control so that the refrigerant in the refrigerant circulation line 12 discharged from the outdoor heat exchanger 12d can be directly introduced into the compressor 12a and the cooling water in the cooling water circulation line 42 on the side of the battery 22 and the electric component module 24 can be circulated toward the radiator 44.”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control apparatus as disclosed by modified Toyama to include the compressor of the air condition system as taught by the Lee. Doing so, enhances the capability of the control apparatus to provide the requisite heat in the vehicle passenger compartment and thus provide the necessary comfort during the winter months.
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 LUIS G DEL VALLE whose telephone number is (303)297-4313. The examiner can normally be reached Monday-Friday, 0730 - 1630 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUIS G DEL VALLE/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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