DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchizawa US 20190291813 A1 in view of Hahn et al. US 20200262511 A1.
Regarding independent claim 1, Tsuchizawa teaches [an electronic controller 52 configured to control a motor 32 that applies a propulsion force to the human-powered vehicle] (Fig. 1-2; Paragraph 0062),
[the electronic controller being configured to control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor.] (Fig. 1-2; Paragraph 0062; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.)
Tsuchizawa does not disclose a controller responding to a determination that deceleration of the human-powered vehicle in a traveling direction of the human-powered vehicle is greater than or equal to a first threshold.
Hahn et al. teaches [a controller 300 responding to a determination that the deceleration of the human-powered vehicle in a traveling direction of the human-powered vehicle is greater than or equal to a first threshold.] (Paragraphs 0175-0176; Hahn discloses determining whether the human-powered vehicle is subject to a predetermined deceleration based on sensor data.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the control device of Hahn et al. with the motor control system of Tsuchizawa with a reasonable expectation of success because it would allow for detecting and responding to specific deceleration events by enhancing motor assistance during critical moments such as braking or sudden speed reductions, thus improving rider control and comfort by optimizing the motor output during deceleration.
Tsuchizawa, as modified, does not explicitly teach that the control parameter associated with motor assistance based on deceleration within a range 3 km/h/second to 8 km/h/second. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hahn et al. to use a predetermined deceleration threshold within a range 3 km/h/second to 8 km/h/second, so as to achieve an optimal balance between responsiveness of motor assistance and rider comfort/safety, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Regarding claim 2, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller being configured control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor,] (Fig. 1-2 of Tsuchizawa; Paragraph 0062 of Tsuchizawa; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.) [in response to a determination that an input shaft 124 to which a human driving force is input is rotating] (Fig. 1; Paragraph 0111; Paragraph 0079 of Hahn et al; Hahn et al. discloses a rider applying pedaling torque on to a crank assembly and a control unit which may switch the ride mode based on user input or sensed conditions.)
Regarding claim 3, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller being configured control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor,] (Fig. 1-2 of Tsuchizawa; Paragraph 0062 of Tsuchizawa; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.) [in response to a determination that a human driving force is input to the human-powered vehicle.] (Paragraph 0111; Paragraph 0079 of Hahn et al.; Hahn et al. discloses a rider applying pedaling torque on to a crank assembly and a control unit which may switch the ride mode based on user input or sensed conditions).
Regarding claim 4, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller being configured control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor,] (Fig. 1-2 of Tsuchizawa; Paragraph 0062 of Tsuchizawa; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.) [in response to a determination that an operating device 418 of a brake device 120 of the human-powered vehicle is not being operated.] (Fig. 1; Paragraph 0078 of Hahn et al.; Hahn discloses a front brake 116 and rear brake 118 that are controlled by at least one brake operating device 120, implying that the system can determine when the brakes are not being operated.).
Regarding claim 5, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller being configured control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor,] (Fig. 1-2 of Tsuchizawa; Paragraph 0062 of Tsuchizawa; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.) [in response to a determination that a vehicle speed of the human powered vehicle increases immediately before the first condition is satisfied.] (Hahn et al. discloses that user input is permitted, allowing the user to control the bicycle’s speed. Accordingly, it is possible for a user to increase the speed of the bicycle prior to deceleration or stopping, thereby satisfying the claimed condition.).
Regarding claim 6, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein the human-powered vehicle includes [a transmission 102] (Fig. 1; Paragraph 0078 of Hahn et al.), the transmission 102 is [provided in a transmission path of a human driving force of the human-powered vehicle and configured to change a transmission ratio] (Paragraph 0087 of Hahn et al.; refers to derailer and gear shifting, controlled by the e-bike controller), and [the electronic controller 52 is configured to control assist force produced by the motor 32] (Fig. 1-2; Paragraph 0062 of Tsuchizawa) in accordance with [first information related to a present transmission ratio of the transmission 102] (Paragraph 0134 of Hahn et al.) and [second information related to the transmission ratio corresponding to at least one of a first traveling state of the human-powered vehicle and a first traveling environment of the human-powered vehicle.] (Paragraph 0187 of Hahn et al.; the determination of whether the vehicle is moving up an incline can be interpreted as “second information”).
Regarding claim 7, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller being configured control an assist force produced by the motor to increase at least one of an assist level of the motor, a maximum value of an output of the motor, and the output of the motor,] (Fig. 1-2 of Tsuchizawa; Paragraph 0062 of Tsuchizawa; Tsuchizawa discloses a controller 52 that communicates with a drive circuit 40 which controls the power delivered to the motor 32. Specifically, the drive circuit receives control signals from the controller 52 and drives the motor 32 accordingly. The motor is described as assisting in the propulsion of the human-powered vehicle. This configuration teaches that the controller, through the drive circuit, regulates the operation of the motor by controlling the amount of power it receives from the battery 28. As controlling power necessarily includes increasing the power delivered to the motor when appropriate, Tsuchizawa discloses an electronic controller configured to increase the assist level, maximum output value, and output of the motor in response to control signals.) [in response to a determination that the [first information] (Paragraph 0134 of Hahn et al.) differs from the [second information.] (Paragraph 0187 of Hahn et al.).
Regarding claim 8, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein [the electronic controller 52 is configured to control a component of the human- powered vehicle in accordance with information related to a vehicle speed of the human- powered vehicle] (Paragraph 0075 of Tsuchizawa), the component includes [at least one of: a transmission 102 provided in a transmission path of a human driving force in the human powered vehicle and configured to change a transmission ratio] (Fig. 1; Paragraph 0085 of Hahn et al.; Paragraph 0093 of Hahn et al.), [at least one suspension device] (Paragraph 0064 of Tsuchizawa et al.), and [an adjustable seat post.] (Paragraph 0065 of Tsuchizawa et al.).
Regarding claim 9, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein the component includes the at least one suspension device, [the at least one suspension device includes a front suspension device,] Paragraph 0064 of Tsuchizawa et al.) and the electronic controller is configured to [control the front suspension device 36 to increase stiffness of the front suspension device ] (Paragraph 0064 of Tsuchizawa et al.; Tsuchizawa et al. discloses a suspension that includes an actuator 44 configured to adjust at least one of hardness, damping rate, and height of the suspension.) [in response to a determination that the deceleration of the human-powered vehicle in the traveling direction of the human-powered vehicle is greater than or equal to a second threshold value.] (Paragraphs 0175-0176; Hahn discloses determining whether the human-powered vehicle is subject to a predetermined deceleration based on sensor data.).
Regarding claim 10, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including the control device wherein the component includes the adjustable seat post and the electronic controller [is configured to control the adjustable seat post 38 to decrease a length of the adjustable seat post] (Paragraph 0065 of Tsuchizawa et al.; Tsuchizawa et al. discloses an adjustable seat post with an actuator 46 configured to change the height of a seat post.) [in response to a determination that the deceleration of the human-powered vehicle in the traveling direction of the human-powered vehicle is greater than or equal to a third threshold value.] (Paragraphs 0175-0176 of Hahn; Hahn discloses determining whether the human-powered vehicle is subject to a predetermined deceleration based on sensor data.).
Regarding claim 11, Tsuchizawa, as modified above, already discloses all of the claimed limitations, including wherein the component includes the transmission 102, and [the electronic controller controls the transmission 102 to decrease the transmission ratio] (Paragraph 0087 of Hahn et al.; Hahn et al. discloses a derailleur capable of executing gear changing and gear selection, which inherently implies that the transmission ratio can be decreased. Since a derailleur functions to shift gears by selecting a lower gear ratio when appropriate.) [in response to a determination that the deceleration of the human-powered vehicle in the traveling direction of the human-powered vehicle is greater than or equal to a fourth threshold value.] (Paragraphs 0175-0176 of Hahn et al.; Hahn discloses determining whether the human-powered vehicle is subject to a predetermined deceleration based on sensor data.).
Regarding claim 12, Tsuchizawa, as modified above, already discloses all of the claimed limitations, [including wherein the electronic controller is configured to determine whether the deceleration of the human-powered vehicle in a traveling direction of the human-powered vehicle is greater than or equal to a first threshold based on an output of an acceleration detector] (Paragraph 0175 of Hahn et al.; Hahn et al. discloses that the rider engagement status based on the identified sensor data includes determining whether the bicycle is subject to a predetermined deacceleration based on the identified sensor data.).
Regarding claim 13, Tsuchizawa, as modified above, already discloses all of the claimed limitations, [wherein the electronic controller is configured to control the motor to achieve a predetermined ratio of an assist force produced by the motor to a human driving force or a rotational speed of a crank.] (Paragraph 0081 of Tsuchizawa).
Regarding claim 14, Tsuchizawa, as modified above, already discloses all of the claimed limitations, [wherein the first threshold value is a predetermined value.] (Paragraph 0175 & 0176 of Hahn; Hahn discloses that the processor determines whether the bicycle is subject to a predetermined deceleration by comparing calculated deceleration based on sensor data to a stored, predetermined deceleration value, thus teaching the use of a predetermined threshold value.)
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
Applicant argues (Page 3, lines 1-13 of Remarks) that Tsuchizawa and Hahn fails to disclose controlling an assist force to increase an assist level or motor output, and instead only teaches stopping or not operating the motor under certain conditions. This argument is not persuasive. Tsuchizawa discloses a controller that regulates power supplied to the motor through a drive circuit, which naturally includes the ability to increase, decrease, or otherwise adjust motor output. The disclosure of controlling power supplied to the motor to assist propulsion reasonably encompasses increasing assist level or output when required. Hahn explicitly teaches determining whether deceleration exceeds a predetermined value based on sensor data and comparing calculated deceleration to that value, thereby providing the claimed deceleration-based condition. It would have been obvious to one of ordinary skill in the art to apply Hahn’s deceleration-based condition to Tsuchizawa’s motor control system to adjust motor output in response to detected riding conditions.
Applicant further argues (Page 3, lines 1-13 of Remarks) that Hahn et al. does not teach increasing motor output in response to a determination that deceleration exceeds a threshold value, particularly within 3 km/h/second and 8.5 km/h/second. This argument is not persuasive. Hahn discloses comparing calculated declaration to a predetermined value, but does not explicitly disclose the specific range of 3 km/h/second to 8.5 km/h/second. However, selecting a specific threshold within a known range of deceleration values would have been an obvious matter of routine optimization to achieve a desired balance between responsiveness of motor assistance and rider comfort or safety. Where general conditions are disclosed in the prior art, discovering an optimum value or workable range involves only routine skill in the art. See In re Aller, 105 USPQ 233. Furthermore, Applicant has not provided evidence that the claimed range yields any unexpected results.
Conclusion
THIS ACTION IS MADE FINAL. 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 Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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