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 .
Status of Claims
Claims 1-5 are currently pending and have been examined in this application. This communication is the first action on the merits.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of the foreign priority application JP 2024-047603 has been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/31/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claim 1, the “control device” in the limitation “the control device is configured to control a temperature adjustment device” invokes 112(f) as control device is a term that does not have definite structure which enables the temperature adjustment device to be controlled.
In claim 1, the “temperature adjustment device” in the limitation “a temperature adjustment device that adjusts a temperature of a power storage device” invokes 112(f) as device is a term that does not have definite structure which enables the temperature to be adjusted.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification to these claim limitations:
“[0012] ECU 500 corresponds to an exemplary "control device" according to
the present disclosure.”
“[0021] the air conditioner 40 and the heat medium circuit 200 function as an example of a "temperature adjustment device" according to the present disclosure.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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.
Claims 1, 2, and 5 are rejected under 35 U.S.C. 112(b) 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.
In claims 1, 2, and 5, the use of “a temperature of the power storage device” is indefinite due to a lack of clarity of if each incidence is referencing the same temperature or different temperatures from the power storage device. For the purposes of this examination, it will be presumed they are all the same.
Claim 5 is further considered indefinite due to the multiple uses of “a start of traveling of the vehicle” in the different limitations. It is indefinite whether these temperatures would be set for different start of traveling of the vehicle or any one might be selected for the same start of traveling. For the purposes of this examination, it will be assumed each is assigned for the same start of traveling.
In claims 1 and 5, the term “close” is a relative term which renders the claim indefinite. The term “brought close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) as being dependent on rejected claim 1 and for failing to cure the deficiencies listed above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yaguchi et al. (US 2025/0026239 A1), hereinafter Yaguchi, in view of Lee et al. (US 2023/0048344 A1), hereinafter Lee.
With respect to claim 1, Yaguchi discloses a temperature adjustment system that comprises a control device, wherein: the control device is configured to control a temperature adjustment device that adjusts a temperature of a power storage device mounted in a vehicle; (see at least [0017] “the electric vehicle 100 is provided with… the battery 3… and a battery controller 10… the battery controller 10, for example, may constitute a battery temperature control device according to the present embodiment of the invention.”)
the control device is configured to acquire charging schedule information related to a schedule of external charging of the power storage device; (see at least [0100] “The vehicle controller 14 may also predict a scheduled time at which charging of the battery 3 by the external power supply equipment 17 will start (hereinafter referred to as the scheduled external charging start time) as a scheduled time at which the temperature of the battery 3 will be within the desired temperature range.”)
the control device is configured to execute a first precondition control that controls the temperature adjustment device such that a temperature of the power storage device is brought close to a target temperature before a start of traveling of the vehicle; (see at least [0084] “FIG. 4 shows diagrams for explaining the relationship between battery temperature and heating control of the battery 3 performed before the start of travel and the temperature of the battery 3.”)
Yaguchi discloses the use of a battery controller for preconditioning based on scheduled charging and scheduled start time of traveling, but does not explicitly disclose two different temperatures based on the vehicle not being scheduled for external charging.
However, Lee teaches the target temperature in the first precondition control is different when the external charging of the power storage device is scheduled and when the external charging of the power storage device is not scheduled. (see at least [0068] “Referring to FIG. 6, the vehicle is started up (S10) and then receives a destination input by a user (S20 and S30). When the destination of the vehicle is not a charging station, battery conditioning of the vehicle is not performed (S30 and S35). When the destination or a stopover input by the user is a charging station, it is determined that the user desires to charge the vehicle and thus battery conditioning of the vehicle is enabled (S20).” Note: It is understood that the combination of the prior art would result in the seasonal temperatures being the allowable normal operation temperatures when the vehicle is not scheduled to be externally charged.)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery temperature conditioning of Yaguchi to include the temperature changes in consideration of an upcoming charging as disclosed in Lee, with reasonable expectation of success. The motivation for doing so would have been to raise charging efficiency of the battery by heating or cooling the battery in advance before charging the battery in consideration of season, see Lee [0042].
With respect to claim 2, Yaguchi discloses the vehicle is an electrified vehicle configured to be able to travel by using power output from the power storage device; (see at least [0032] “The battery controller 10 also executes charging control or discharging control in the battery 3 in response to an instruction from the vehicle controller 14 to drive the electric vehicle 100.”)
the temperature adjustment device is configured to adjust a temperature of the power storage device by using power output from the power storage device; (see at least [0033] “The battery controller 10 causes the battery 3 to produce heat by repeating the charge/discharge control to the battery 3 to heat the battery 3 separately from the charge/discharge control for driving the electric vehicle 100.”)
Yaguchi discloses the use of a battery controller for preconditioning based on scheduled charging and scheduled start time of traveling, but does not explicitly disclose two different temperatures based on the vehicle not being scheduled for external charging.
However, Lee teaches in the first precondition control that cools the power storage device, the target temperature when the external charging of the power storage device is not scheduled is higher than the target temperature when the external charging of the power storage device is scheduled. (see at least [0042] “The present disclosure is to adjust the temperature of a high voltage battery of a vehicle in advance before charging the battery… the external temperature is high in summer and thus the temperature of the battery may be very high under the same driving conditions… the charging efficiency of the battery may be raised by…cooling the battery… in consideration of season” [0068] “Referring to FIG. 6 , the vehicle is started up (S10) and then receives a destination input by a user (S20 and S30). When the destination of the vehicle is not a charging station, battery conditioning of the vehicle is not performed (S30 and S35). When the destination or a stopover input by the user is a charging station, it is determined that the user desires to charge the vehicle and thus battery conditioning of the vehicle is enabled (S20).” Note: It is understood that the combination of the prior art would result in the seasonal temperatures being the allowable normal operation temperatures when the vehicle is not scheduled to be externally charged.)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery temperature conditioning of Yaguchi to include the temperature changes in consideration of an upcoming charging as disclosed in Lee, with reasonable expectation of success. The motivation for doing so would have been to raise charging efficiency of the battery by heating or cooling the battery in advance before charging the battery in consideration of season, see Lee [0042].
With respect to claim 3, Yaguchi discloses the use of a battery controller for preconditioning based on scheduled charging and scheduled start time of traveling, but does not explicitly disclose two different temperatures based on the vehicle not being scheduled for external charging.
However, Lee teaches in the first precondition control that heats the power storage device, the target temperature when the external charging of the power storage device is not scheduled is lower than the target temperature when the external charging of the power storage device is scheduled. (see at least [0042] “The present disclosure is to adjust the temperature of a high voltage battery of a vehicle in advance before charging the battery. In general, an… external temperature is high in summer and thus the temperature of the battery may be very high under the same driving conditions… the charging efficiency of the battery may be raised by raising the temperature of the battery… in consideration of season” [0068] “Referring to FIG. 6 , the vehicle is started up (S10) and then receives a destination input by a user (S20 and S30). When the destination of the vehicle is not a charging station, battery conditioning of the vehicle is not performed (S30 and S35). When the destination or a stopover input by the user is a charging station, it is determined that the user desires to charge the vehicle and thus battery conditioning of the vehicle is enabled (S20).” Note: It is understood that the combination of the prior art would result in the seasonal temperatures being the allowable normal operation temperatures when the vehicle is not scheduled to be externally charged.)
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery temperature conditioning of Yaguchi to include the temperature changes in consideration of an upcoming charging as disclosed in Lee, with reasonable expectation of success. The motivation for doing so would have been to raise charging efficiency of the battery by heating or cooling the battery in advance before charging the battery in consideration of season, see Lee [0042].
With respect to claim 4, Yaguchi discloses the control device is configured to further acquire traveling schedule information that includes at least one of information related to a reservation of air conditioning of the vehicle and information related to a traveling start schedule time of the vehicle; (see at least [0044] “The vehicle controller 14 predicts the scheduled travel start time of the electric vehicle 100 based on the timer air conditioning information input by the air conditioning system 15. For example, the vehicle controller 14 predicts the scheduled departure time included in the timer air conditioning information as the scheduled travel start time of the electric vehicle 100.”)
and the control device is configured to predict a traveling start time of the vehicle by using the traveling schedule information, and determine a start timing of the first precondition control by using the predicted traveling start time.(see at least [0091] “Based on the calculated heating time and the scheduled time… The time for starting temperature control can be calculated so that the temperature of the battery 3 will reach the desired temperature range by the scheduled time.”)
Allowable Subject Matter
Claim 5 is rejected above under 35 U.S.C. § 112(b) above and is objected to as being dependent upon a rejected base claim. However, it would be allowable if rewritten to overcome the rejections under 35 U.S.C. § 112(b) and written in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record, taken alone or in combination, teach the specific limitations of six different temperature settings based on whether there is scheduled external charging, the cooling or heating required, and whether the travel has started or not, as described in each of the limitations of claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chopra et al. (US 2023/0137357 A1) discloses a system controller which responsively derives a target preconditioning temperature for optimizing the battery recharge event, and determines the battery state of voltage or charge for at the vehicle’s current location.
Shaotran (US 2023/0001824 A1) discloses a method of preconditioning a battery of a vehicle includes determining a baseline preconditioning start time relative to an estimated time of arrival at a charging station.
Sherback et al. (US 2019/0157882 A1) discloses a method includes pre-conditioning a battery for charging to support higher rates of charging the battery.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLEY MARIE OSTERHOUT whose telephone number is (703)756-1595. The examiner can normally be reached Mon to Fri 8:30 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached on (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.O./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669