Prosecution Insights
Last updated: October 26, 2026
Application No. 19/110,370

Electrically Driven Work Machine

Non-Final OA §101§103§112
Filed
Mar 10, 2025
Priority
Oct 28, 2022 — JP 2022-173100 +1 more
Examiner
HATCH, DAVID P
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hitachi Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
95 granted / 123 resolved
+25.2% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
16 currently pending
Career history
153
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
42.1%
+2.1% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 123 resolved cases

Office Action

§101 §103 §112
DETAILED ACTION This is first Office Action on the merits and is responsive to the originally filed application papers. Claims filed on 03/10/2025are being examined. Claims 1-7 are being considered and further pending examination. 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 . Information Disclosure Statement The information disclosure statement(s) (IDS(s)) submitted on 03/10/2025 and 07/30/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim(s) 1-7 is/are objected to because of the following informalities: Claims 1-7 recite “a secondary battery” however, this limitation may cause undue confusion as there is no reference to any other battery or any indication to what system the battery is secondary to. The examiner believes this limitation to merely indicate a battery which is a secondary power source on a work machine. Appropriate correction is required. 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. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: 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. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder (“a battery management unit”, “a vehicle control unit”) that is coupled with functional language (“that detects”, “that manages”) 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 as follows: ”a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery” recited in claims 1-7. For the purposes of examination, the examiner will take “a battery management unit” as a microcontroller provided with a processing device and a storage device or equivalent based on the following excerpt(s) from the specification: Para [0020] : “The battery management unit 28 is a microcontroller provided with a processing device and a storage device.” ”a vehicle control unit that manages charge and discharge of the secondary battery” recited in claims 1-7. For the purposes of examination, the examiner will take “a vehicle control unit” as a microcontroller provided with a processing device and a storage device or equivalent based on the following excerpt(s) from the specification: Para [0025] : “The vehicle control unit 29 is a microcontroller provided with a processing device and a storage device.” Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (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) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. 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 4-7 rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without a means by which to change the current of the battery, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Claims 1-7 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. Claim 1 recites “a voltage or a state of charge of the secondary battery and a temperature of the secondary battery” however, this limitation is unclear if it is intended to claim detection of a voltage or detection of a state of charge and a temperature or if it is intended to claim detection of a voltage and a temperature or detection of a state of charge and a temperature. For the purpose of compact prosecution the examiner will interpret this limitation to be the latter. Claim 1 further recites “predict a transition of the temperature of the secondary battery on a basis of the temperature and the voltage or the state of charge” however, this limitation is unclear if it is intended to claim the basis of a temperature and the voltage or the temperature and the state of charge or on the basis of the temperature and the voltage or the basis of the state of charge. For the purpose of compact prosecution the examiner will interpret this limitation to be the latter. Claims 2 and 5 recite “the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the state of health, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit” however, this limitation is unclear if it is intended to claim on the basis of the state of health, the temperature, and the voltage or on the basis of the state of health, the temperature, and the state of charge or if it is intended to claim on the basis of the state of health, the temperature, and the voltage or on the basis of the state of charge. For the purpose of compact prosecution the examiner will interpret this limitation to be the latter. Claims 3 and 6 recite “the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the current, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit” however, this limitation is unclear if it is intended to claim on the basis of the current, the temperature, and the voltage or on the basis of the state of health, the temperature, and the state of charge or if it is intended to claim on the basis of the current, the temperature, and the voltage or on the basis of the state of charge. For the purpose of compact prosecution the examiner will interpret this limitation to be the latter. Claim 7 recites “predict the transition of the current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery and the predicted transition of the voltage or the state of charge of the secondary battery” however, this limitation is unclear if it is intended to claim on the basis of the predicted transition of the temperature of the secondary battery and the predicted transition of the voltage or on the basis of the predicted transition of the temperature of the secondary battery and the state of charge or if it is intended to claim on the basis of the predicted transition of the temperature of the secondary battery and the predicted transition of the voltage or on the basis of the state of charge. For the purpose of compact prosecution the examiner will interpret this limitation to be the latter. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-3 are rejected under 35 U.S.C. 101 because the invention is directed to an abstract idea without significantly more. 101 Analysis - Step 1: Applicant’s independent claim 1 is directed toward an electrically driven work machine. Therefore, it can be seen that it/they fall(s) within one of the four statutory categories of invention. 101 Analysis - Step 2A, Prong I: Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes. Independent claim 6 includes limitations that recite and abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites : An electrically driven work machine comprising: a secondary battery; and a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery, wherein the electrically driven work machine includes a vehicle control unit that manages charge and discharge of the secondary battery, and the vehicle control unit is configured to predict a transition of the temperature of the secondary battery on a basis of the temperature and the voltage or the state of charge of the secondary battery detected by the battery management unit, predict a transition of a current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery, and estimate a remaining charge time or a remaining discharge time of the secondary battery on a basis of the predicted transition of the current of the secondary battery. The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. Specifically, the steps “predict”, “predict”, and “estimate” encompasses a user making observations, evaluations, or judgements, of changes in battery temperature, battery current, and charge time, based on collected information regarding battery voltage or state of charge or previous predictions from the collected data. 101 Analysis - Step 2A, Prong II: Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.” In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”): An electrically driven work machine comprising: a secondary battery; and a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery, wherein the electrically driven work machine includes a vehicle control unit that manages charge and discharge of the secondary battery, and the vehicle control unit is configured to predict a transition of the temperature of the secondary battery on a basis of the temperature and the voltage or the state of charge of the secondary battery detected by the battery management unit, predict a transition of a current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery, and estimate a remaining charge time or a remaining discharge time of the secondary battery on a basis of the predicted transition of the current of the secondary battery. For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application. Regarding the additional limitation of “an electrically driven work machine comprising a secondary battery”, the examiner submits that this limitation constitutes the extra solution activity of generally linking to the technological field of work machines with batteries. Regarding the additional limitations of “a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery”, “wherein the electrically driven work machine includes a vehicle control unit that manages charge and discharge of the secondary battery”, and “the vehicle control unit is configured to” the examiner submits that this is no more than a generic computing device recited at a high level of generality carrying out the functions of the abstract idea along with intended use language. 101 Analysis - Step 2B: Regarding Step 2B of the Revised Guidance, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons as those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application the additional elements of “an electrically driven work machine comprising a secondary battery” amount to no more than generally linking to a technological field. The additional elements of “a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery”, “wherein the electrically driven work machine includes a vehicle control unit that manages charge and discharge of the secondary battery”, and “the vehicle control unit is configured to” amount to no more than generic computing devices acting in their typical capacity along with intended use language. Therefore, as a whole the claim is directed to an abstract idea implemented on a generic computer generally linked to the technological fields of work vehicles with batteries. Dependent claim(s) 2-7 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application as discussed below. Therefore, dependent claims 2-7 are not patent eligible under the same rationale as provided for in the rejection of claim 1. Therefore, claim(s) 2-7 is/are ineligible under 35 USC §101. Regarding claim 2, which is dependent on claim 1, it merely adds the limitations “the battery management unit detects a state of health of the secondary battery” and “the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the state of health, the temperature, and the voltage or the state of charge of the secondary battery detected by the vatter management unit” which is merely the addition of the extra solution activity of data gathering with the additional abstract idea of prediction based on previous information/data implemented on the generic computing device. Regarding claim 3, which is dependent on claim 1, it merely adds the limitations “the battery management unit detects a current of the secondary battery” “the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the current, the temperature, and the voltage or the state of charge of the secondary battery detected by the vatter management unit” which is merely the addition of the extra solution activity of data gathering with the additional abstract idea of prediction based on previous information/data implemented on the generic computing device Regarding claim 7, which is dependent on claim 1, it merely adds the limitations “the battery management unit detects the current and a state of health of the secondary battery, and a temperature of an external air, the vehicle control unit is configured to change the current of the secondary battery according to the voltage or the state of charge of the secondary battery detected by the battery management unit at time of the charge or at time of the discharge of the secondary battery, and the vehicle control unit is configured to use a heat balance model to predict the transition of the temperature of the secondary battery on a basis of the temperature, the voltage, and the current of the secondary battery, and the temperature of the external air detected by the battery management unit, use an electric circuit model to predict a transition of the voltage or the state of charge of the secondary battery on a basis of the temperature, the state of charge, the state of health, and the current of the secondary battery detected by the battery management unit, and predict the transition of the current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery and the predicted transition of the voltage or the state of charge of the secondary battery” which is merely further defining the extra solution activity of data gathering. 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. Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara et al (US 20220320875 A1) henceforth referred to as Ogasawara and further in view of Tanovic et al (US 20220344734 A1) henceforth referred to as Tanovic. Regarding Claim 1 Ogasawara teaches An electrically driven work machine comprising (para [0021] : “The charge control device 1 controls charging of the battery 3 installed in a vehicle 2 such as an electric car or a plug-in hybrid vehicle.”): a secondary battery (para [0021] : “The charge control device 1 controls charging of the battery 3 installed in a vehicle 2 such as an electric car or a plug-in hybrid vehicle.”); and a battery management unit that detects at least either a voltage or a state of charge of the secondary battery and a temperature of the secondary battery (para [0026] : “The charge control device 1 includes a battery temperature acquisition unit 21, a battery voltage acquisition unit 22, a battery electric current acquisition unit 23, an external power supply voltage acquisition unit 24, an external power supply electric current acquisition unit 25, a conversion efficiency acquisition unit 26, a power consumption acquisition unit 27, a coolant temperature acquisition unit 28, an outside temperature acquisition unit 29, an SOC acquisition unit 31, a battery capacity acquisition unit 32, and a charge time estimation unit 33.”), wherein the electrically driven work machine includes a vehicle control unit that manages charge and discharge of the secondary battery (para [0021] : “The charge control device 1 controls charging of the battery 3 installed in a vehicle 2 such as an electric car or a plug-in hybrid vehicle.”), and the vehicle control unit is configured to predict a transition of the temperature of the secondary battery (para [0041] : “For example, the charge time estimation unit 33 estimates the battery temperature at time point t based on a battery temperature prediction model set beforehand. In the present embodiment, the battery temperature at each time point may be estimated by inputting the initial value of the battery temperature, the initial value of the coolant temperature, and the initial value of the outside temperature into the battery temperature prediction model.”), predict a transition of a current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery (para [0042] : “As shown in FIG. 2, the charge time estimation unit 33 subsequently estimates the battery voltage at time point t, namely, the current value of the battery voltage (S5). As shown in FIG. 4, the charge time estimation unit 33 estimates the battery voltage as a part of a battery electric current estimation process for estimating the battery electric current at time point t. The charge time estimation unit 33 calculates input electric power, which is the electric power input to the battery 3, by multiplying the previous value of the battery electric current by the previous value of the battery voltage, and estimates the current value of the battery voltage by inputting the calculated input electric power and the current value of the battery temperature into a battery plant model created beforehand.”), and estimate a remaining charge time or a remaining discharge time of the secondary battery on a basis of the predicted transition of the current of the secondary battery (para [0043] : “As shown in FIG. 2, the charge time estimation unit 33 then acquires a rate-determining charge electric current at time point t, namely, the current value of the rate-determining charge electric current (S6). As shown in FIG. 4, the charge time estimation unit 33 estimates the rate-determining charge electric current as a part of the battery electric current estimation process. The charge time estimation unit 33 acquires electric power of the external power supply 16 as a product of the initial value of the maximum electric current of the external power supply 16, the initial value of the voltage of the external power supply 16, and the initial value of the conversion efficiency. Then, the charge time estimation unit 33 acquires the rate-determining charge electric current by dividing the electric power of the external power supply 16 by the current value of the battery voltage.”). However, Ogasawara does not explicitly teach the prediction of a transition of the temperature of the secondary battery on the basis of the temperature and the voltage or the state of charge of the secondary battery detected by the battery management unit However, in a similar field of endeavor (battery management systems), Tanovic teaches the prediction of a transition of the temperature of the secondary battery on the basis of the temperature and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0025] : “FIG. 1 is a block diagram of a system 100, which may be part of a battery management system (BMS), for estimating the internal temperature of a battery (such as an EV battery) in accordance with features of embodiments described herein. As shown in FIG. 1, system input (u) is an observable quantity input to the system 100 and may include one or more parameters of a system or device-under-test (DUT), represented in FIG. 1 as a DUT 102. Such parameters may include but are not limited to voltage, current, impedance, surface temperature, state-of-charge (SOC), battery coolant temperature, etc. Such parameters may be either directly measured or provided from some other part of the system under consideration. For example, SOC measurement may be provided by a central BMS.”). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to modify the system Ogasawara with the system of Tanovic to “enable more aggressive use of an EVs batter, effectively improving performance of the overall EV power train, and would provide benefits such as faster charging and improved EV acceleration and braking while extending battery life” (Tanovic para [0021]). Regarding Claim 2 the combination of Ogasawara and Tanovic teaches The electrically driven work machine according to claim 1, further Tanovic teaches wherein the battery management unit detects a state of health of the secondary battery (para [0089] : “Example 5 provides the system of example 2, wherein the indirect measurement comprises at least one of a state-of-charge (SOC) of the battery, a state of health (SOH) of the battery, and a cell capacity of the battery.”), and the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the state of health, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0025] : “FIG. 1 is a block diagram of a system 100, which may be part of a battery management system (BMS), for estimating the internal temperature of a battery (such as an EV battery) in accordance with features of embodiments described herein. As shown in FIG. 1, system input (u) is an observable quantity input to the system 100 and may include one or more parameters of a system or device-under-test (DUT), represented in FIG. 1 as a DUT 102. Such parameters may include but are not limited to voltage, current, impedance, surface temperature, state-of-charge (SOC), battery coolant temperature, etc. Such parameters may be either directly measured or provided from some other part of the system under consideration. For example, SOC measurement may be provided by a central BMS.”). Regarding Claim 3 the combination of Ogasawara and Tanovic teaches The electrically driven work machine according to claim 1, further Tanovic teaches wherein the battery management unit detects the current of the secondary battery (para [0091] : “Example 7 provides the system of any of examples 1-2, wherein the observable quantity comprises at least one of a voltage, a current, an impedance, a surface temperature, a state-of-charge (SOC), and a temperature of battery coolant.”), and the vehicle control unit is configured to predict the transition of the temperature of the secondary battery on a basis of the current, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0025] : “FIG. 1 is a block diagram of a system 100, which may be part of a battery management system (BMS), for estimating the internal temperature of a battery (such as an EV battery) in accordance with features of embodiments described herein. As shown in FIG. 1, system input (u) is an observable quantity input to the system 100 and may include one or more parameters of a system or device-under-test (DUT), represented in FIG. 1 as a DUT 102. Such parameters may include but are not limited to voltage, current, impedance, surface temperature, state-of-charge (SOC), battery coolant temperature, etc. Such parameters may be either directly measured or provided from some other part of the system under consideration. For example, SOC measurement may be provided by a central BMS.”). Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara in view of Tanovic and further in view of Hwang et al (US 20160178703 A1) henceforth referred to as Hwang. Regarding Claim 4 the combination of Ogasawara and Tanovic teaches The electrically driven work machine according to claim 1, further Ogasawara teaches wherein the vehicle control unit is configured to predict a transition of the voltage or the state of charge of the secondary battery on the basis of the temperature and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0042] : “As shown in FIG. 2, the charge time estimation unit 33 subsequently estimates the battery voltage at time point t, namely, the current value of the battery voltage (S5). As shown in FIG. 4, the charge time estimation unit 33 estimates the battery voltage as a part of a battery electric current estimation process for estimating the battery electric current at time point t. The charge time estimation unit 33 calculates input electric power, which is the electric power input to the battery 3, by multiplying the previous value of the battery electric current by the previous value of the battery voltage, and estimates the current value of the battery voltage by inputting the calculated input electric power and the current value of the battery temperature into a battery plant model created beforehand.”), and predict the transition of the current of the secondary battery on a basis of the predicted transition of the temperature of the secondary battery and the predicted transition of the voltage or the state of charge of the secondary battery (para [0042] : “As shown in FIG. 2, the charge time estimation unit 33 subsequently estimates the battery voltage at time point t, namely, the current value of the battery voltage (S5). As shown in FIG. 4, the charge time estimation unit 33 estimates the battery voltage as a part of a battery electric current estimation process for estimating the battery electric current at time point t. The charge time estimation unit 33 calculates input electric power, which is the electric power input to the battery 3, by multiplying the previous value of the battery electric current by the previous value of the battery voltage, and estimates the current value of the battery voltage by inputting the calculated input electric power and the current value of the battery temperature into a battery plant model created beforehand.”). However, the combination does not explicitly teach the vehicle control unit is configured to change the current of the secondary battery according to the voltage or the state of charge of the secondary battery detected by the battery management unit, at time of the charge or at time of the discharge of the secondary battery, and However, in a similar field of endeavor (battery management systems), Hwang teaches he vehicle control unit is configured to change the current of the secondary battery according to the voltage or the state of charge of the secondary battery detected by the battery management unit, at time of the charge or at time of the discharge of the secondary battery (para [0012] : “The control module 11 is adapted to be coupled to the energy transfer module 22 and the sensing module 23, and receives the sense signal from the sense module 23. The control module 11 outputs a control signal to the energy transfer module 22 when it is determined that the battery module 21 is in a charging state and that the SOC of the battery module 21 reaches a predetermined target value with reference to the current and the SOC as indicated by the sense signal, so as to cause the energy transfer module 22 to change the current flowing through the battery module 21 to a predetermined test value (It) for a predetermined test time period (Tt). The predetermined test value (It) is such that the change of current causes the voltage of the battery module 21 to decrease in the predetermined test time period (Tt).”). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to modify the combination of Ogasawara and Tanovic with the teachings of Hwang to improve control over the battery to increase battery life and lessen degradation. Regarding Claim 5 the combination of Ogasawara, Tanovic, and Hwang teaches The electrically driven work machine according to claim 4, further Tanovic teaches wherein the battery management unit detects a state of health of the secondary battery (para [0089] : “Example 5 provides the system of example 2, wherein the indirect measurement comprises at least one of a state-of-charge (SOC) of the battery, a state of health (SOH) of the battery, and a cell capacity of the battery.”), and the vehicle control unit is configured to predict the transition of the voltage or the state of charge of the secondary battery on a basis of the state of health, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0025] : “FIG. 1 is a block diagram of a system 100, which may be part of a battery management system (BMS), for estimating the internal temperature of a battery (such as an EV battery) in accordance with features of embodiments described herein. As shown in FIG. 1, system input (u) is an observable quantity input to the system 100 and may include one or more parameters of a system or device-under-test (DUT), represented in FIG. 1 as a DUT 102. Such parameters may include but are not limited to voltage, current, impedance, surface temperature, state-of-charge (SOC), battery coolant temperature, etc. Such parameters may be either directly measured or provided from some other part of the system under consideration. For example, SOC measurement may be provided by a central BMS.”). Regarding Claim 6 the combination of Ogasawara, Tanovic, and Hwang teaches The electrically driven work machine according to claim 4, further Tanovic teaches wherein the battery management unit detects the current of the secondary battery (para [0091] : “Example 7 provides the system of any of examples 1-2, wherein the observable quantity comprises at least one of a voltage, a current, an impedance, a surface temperature, a state-of-charge (SOC), and a temperature of battery coolant.”), and the vehicle control unit is configured to predict the transition of the voltage or the state of charge of the secondary battery on a basis of the current, the temperature, and the voltage or the state of charge of the secondary battery detected by the battery management unit (para [0025] : “FIG. 1 is a block diagram of a system 100, which may be part of a battery management system (BMS), for estimating the internal temperature of a battery (such as an EV battery) in accordance with features of embodiments described herein. As shown in FIG. 1, system input (u) is an observable quantity input to the system 100 and may include one or more parameters of a system or device-under-test (DUT), represented in FIG. 1 as a DUT 102. Such parameters may include but are not limited to voltage, current, impedance, surface temperature, state-of-charge (SOC), battery coolant temperature, etc. Such parameters may be either directly measured or provided from some other part of the system under consideration. For example, SOC measurement may be provided by a central BMS.”). Allowable Subject Matter Claim 7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and U.S.C. 112(a) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Bertness et al (US 20030088375 A1) teaches an electronic battery tester for testing a storage battery determines a condition of the battery. The condition is a relative condition and is a function of a dynamic parameter of the battery and an empirical input variable. Suglia et al (US 20180340981 A1) teaches a method for estimating an operating current I dispensed by a battery pack or cell including the steps of acquiring characterization data of the battery pack or cell, related to measured time trends of a voltage Vm and of a characterization current Im of the battery pack or cell, associated with a respective characterization temperature value T.sub.k; and then processing the characterization data to determine a plurality of parameters P of a model of the battery pack or cell, as a function of temperature and state of charge SOC. Measuring an operating voltage V of the battery pack or cell and an operating temperature T and for estimating the operating current I of the battery pack or cell. A plurality of time observation windows W.sub.i is identified and characterization voltage Vm.sub.i values are detected. Then, at each observation window W.sub.i, the following actions are performed: calculating a value of the state of charge SOC.sub.i of the battery pack or cell; calculating an estimated voltage V.sub.ABi, by means of the model of the battery pack or cell, as a function of respective nominal values of the parameters P; determining a respective error function E.sub.i dependent on the difference between the estimated voltage V.sub.ABi and the characterization voltage Vm.sub.i of the time observation window W.sub.i; calculating an actual value P.sub.i for each parameter P, by minimizing the aforesaid error function E.sub.i. Yamamoto et al (US 20130162027 A1) teaches when completion of timer charge before elapse of a designated time is designated by a timer charge reservation means for allowing a user to designate a predetermined charge time zone and a target amount of electric power to be charged to the battery, a timer charge start time is determined. Upon carrying out the timer charge, when it is predicted that the timer charge and battery heating are simultaneously carried out, a required amount of extension of a charge time period is determined so as to complete charge of the battery by the designated time, and starts charge of the battery at a time advanced relative to the timer charge start time by the required amount of extension of a charge time period. With this control, charge of the battery can be completed at a predetermined time without unnecessary enhancement in a required capacity of a battery heater. Ruan et al (US 20210325466 A1) teaches a method includes: estimating a first estimated time required for the battery to be charged from the state of charge estimation initial value to an upper limit of the state of charge estimation section; estimating a second estimated time required for the battery to be changed in temperature from the temperature estimation initial value to an upper limit of the temperature estimation section; determining a new state of charge estimation initial value, a new state of charge estimation section, and a new temperature estimation initial value and a new temperature estimation section based on a smaller estimated time between the first estimated time and the second estimated time, until an upper limit of an state of charge estimation section reaches a target state of charge and a smaller estimated time is a first estimated time; and accumulating every determined smaller estimated times to obtain an estimated remaining charging time. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID HATCH whose telephone number is (571)272-4518. The examiner can normally be reached on Monday-Friday 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J Lee can be reached on 571-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.H./Examiner, Art Unit 3668 /ABDHESH K JHA/Primary Examiner, Art Unit 3668
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Prosecution Timeline

Mar 10, 2025
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §101, §103, §112 (current)

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