Prosecution Insights
Last updated: April 19, 2026
Application No. 17/700,935

HUMAN-POWERED VEHICLE CONTROL DEVICE

Non-Final OA §102§103
Filed
Mar 22, 2022
Examiner
GENTILE, ALEXANDER VINCENT
Art Unit
3664
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Shimano Inc.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
18 granted / 24 resolved
+23.0% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/11/2025 has been entered. Status of Claims The following is a response to the Response After Final Action filed on 10/17/2025. Claim 1-20 are pending and have been examined. Claims 1-20 are either amended directly or via a claim they depend from. Claims 1-20 are rejected. Response to Amendment Applicant’s arguments filed on 11/11/2025 have been fully considered and are addressed as follows. Regarding the claims rejections under 35 § USC 102: Applicant has argued that the use of Shahana et al. (US 2019/0300115 A1) as a primary reference would be unsuccessful towards mapping newly amended independent claim 1. Applicant’s arguments with respect to claim 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teachings matter specifically challenged in the argument. Regarding the Subject Matter Previously Indicated as Allowable: The subject matter incorporated in to newly amended independent claim 9 has been previously indicatable as allowable by the Examiner. However, after the filling of an RCE, the Examiner has become newly aware of prior art (US 2017/0297651 A1) believed to be applicable to the claim. Therefore, the claim limitations have been mapped accordingly in the following, Claim rejections 35 USC § 102, section for Applicant’s consideration, and the current status of claim 9 is rejected. Claim Rejections - 35 USC § 102 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-6, 8-9, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchizawa et al. (US 2017/0297651 A1, hereinafter Tsuchizawa) Claim 1 Discloses: (Currently Amended) “A human-powered vehicle control device for a human-powered vehicle having a transmission device and a motor, which is configured to apply a propulsion force to the human-powered vehicle, the human-powered vehicle control device comprising: an electronic controller configured to control the transmission device of the human- powered vehicle,” Tsuchizawa teaches, (Abstract, Lines 1-5) “A bicycle controller is provided that performs control in accordance with a riding condition of a bicycle. The bicycle controller includes an electronic control unit that controls a motor. The motor assists human power that is inputted to a bicycle,” and that, (Paragraph [006], Lines 1-5) “In an eleventh aspect of the bicycle controller according to any of the previous aspects, upon determining receiving a gear change signal from an operation unit, the electronic control unit is configured to operate the gear changer.” “the electronic controller being configured to restrict a shifting action of the transmission device until a predetermined condition is satisfied in a case where one of control states of the motor is switched to a further one of the control states of the motor, and configured to cancel restriction of the shifting action once the one of the control states of the motor is switched to the further one of the control states of the motor.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Modifications, Paragraph [0101], Lines 20-27) “the gear change device 50 can include a restriction mechanism that restricts the gear change operation of the gear changer 54. The restriction mechanism restricts the gear change operation of the gear changer 54 unless the rotation phase RA is a predetermined phase (e.g., second rotation phase R2) and allows the gear change operation of the gear changer 54 upon determining the rotation phase RA is the predetermined phase.” Therefore, shifting may not occur until the predetermined condition of the motor control state being in the second control state after reaching first phase R1 and the transmission restriction mechanism being deactivated upon the crank reaching the predetermined phase, which may for example be R2. Tsuchizawa additionally teaches, (Paragraph [0099]) “The second phase R2 can be set to be substantially equal to the first phase R1. In this case, the switching from the first control state to the second control state simultaneously starts to decrease the output TA of the motor 60 and perform the gear change operation of the gear changer 54.” Therefore, in one particular embodiment, the change of the motor state and the cancelation of transmission shifting delay may even occur nearly simultaneously. Claim 2 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the electronic controller is configured to change a transmission ratio with the transmission device in accordance with at least one of a traveling state of the human-powered vehicle and a traveling environment of the human-powered vehicle.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Paragraph [0071], Lines 1-9) “The control unit 72 changes the first phase R1 based on the inclination D. Upon determining the inclination D is greater than 0° which indicates an uphill gradient, the control unit 72 retards the first phase R1 from that set for the inclination D of 0°. Upon determining the inclination D is less than 0° which indicates a downhill gradient, the control unit 72 advances the first phase R1 from that set for the inclination D of 0°. The control unit 72 further retards the first phase R1 as the inclination D increases.” Claim 3 Discloses: (Original) “The human-powered vehicle control device according to claim 2, wherein the electronic controller is configured to control the transmission device in accordance with a first parameter, related to the traveling state of the human-powered vehicle, and a predetermined first threshold value; and the electronic controller is configured to change the predetermined first threshold value to restrict the shifting action of the transmission device.” Tsuchizawa teaches, (Paragraph [0070] Lines 11-16) “The predetermined phase RC corresponds to the crank rotation phase RA that is sufficient for the gear changer 54 (refer to FIG. 2) to complete a gear change operation. The term “retarded” means that the crank rotation phase RA is increased, that is, the timing is delayed,” (Paragraph [0072], Lines 1-5) “The control unit 72 changes the second phase R2 based on the inclination D. Upon determining the inclination D is greater than 0° which indicates an uphill gradient, the control unit 72 retards the second phase R2 from that set for the inclination D of 0°.” Claim 4 Discloses: (Original) “The human-powered vehicle control device according to claim 2, wherein the electronic controller is configured to control the transmission device in accordance with a second parameter, related to the traveling environment of the human-powered vehicle, and a predetermined second threshold value; and the electronic controller is configured to change the predetermined second threshold value to restrict the shifting action of the transmission device.” Tsuchizawa teaches, (Paragraph [0070] Lines 11-16) “The predetermined phase RC corresponds to the crank rotation phase RA that is sufficient for the gear changer 54 (refer to FIG. 2) to complete a gear change operation. The term “retarded” means that the crank rotation phase RA is increased, that is, the timing is delayed,” (Paragraph [0072], Lines 1-5) “The control unit 72 changes the second phase R2 based on the inclination D. Upon determining the inclination D is greater than 0° which indicates an uphill gradient, the control unit 72 retards the second phase R2 from that set for the inclination D of 0°.” Claim 5 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the predetermined condition is satisfied in a case where a predetermined first period elapses from when switching from the one of the control states to the further one of the control states.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Paragraph [0070], Lines 18-21) “It is preferred that two timings that differ from each other by 180° be set for each of the first phase R1, the second phase R2 and the third phase R3 in one cycle of the crank.” Therefore, a predetermined period/time elapses between the first phase R1 and second phase R2. Claim 6 Discloses: (Original) “The human-powered vehicle control device according to claim 5, wherein the predetermined first period includes a predetermined first time.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Paragraph [0070], Lines 18-21) “It is preferred that two timings that differ from each other by 180° be set for each of the first phase R1, the second phase R2 and the third phase R3 in one cycle of the crank.” Therefore, a predetermined period/time elapses between the first phase R1 and second phase R2. Claim 8 Discloses: (Original) “The human-powered vehicle control device according to claim 5, wherein the predetermined first period includes a period during which a rotation amount of a wheel of the human-powered vehicle becomes a predetermined rotation amount.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Paragraph [0070], Lines 18-21) “It is preferred that two timings that differ from each other by 180° be set for each of the first phase R1, the second phase R2 and the third phase R3 in one cycle of the crank.” Claim 9 Discloses: (Currently Amended) “A human-powered vehicle control device for a human-powered vehicle having a transmission device and a motor, which is configured to apply a propulsion force to the human-powered vehicle, the human-powered vehicle control device comprising; an electronic controller configured to control the transmission device of the human-powered vehicle,” Tsuchizawa teaches, (Abstract, Lines 1-5) “A bicycle controller is provided that performs control in accordance with a riding condition of a bicycle. The bicycle controller includes an electronic control unit that controls a motor. The motor assists human power that is inputted to a bicycle,” and that, (Paragraph [006], Lines 1-5) “In an eleventh aspect of the bicycle controller according to any of the previous aspects, upon determining receiving a gear change signal from an operation unit, the electronic control unit is configured to operate the gear changer.” “the electronic controller being configured to restrict a shifting action of the transmission device until a predetermined condition is satisfied in a case where one of control states of the motor is switched to a further one of the control states of the motor, the predetermined rotation amount [[is]] being greater than or equal to 360 degrees and less than or equal to 3600 degrees.” Tsuchizawa teaches, (Paragraph [0069], Lines 1-13) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1,” and that, (Modifications, Paragraph [0101], Lines 20-27) “the gear change device 50 can include a restriction mechanism that restricts the gear change operation of the gear changer 54. The restriction mechanism restricts the gear change operation of the gear changer 54 unless the rotation phase RA is a predetermined phase (e.g., second rotation phase R2) and allows the gear change operation of the gear changer 54 upon determining the rotation phase RA is the predetermined phase.” Tsuchizawa additionally teaches, (Paragraph [0070]) “A reference phase for each of the first phase R1, the second phase R2 and the third phase R3 is stored in the memory 74 in advance. The reference second phase R2 is substantially equal to the crank rotation phase RA when the crank is located at the top dead center or the bottom dead center. The second phase R2 is retarded from the first phase R1 by a predetermined phase RB (refer to FIG. 5). The predetermined phase RB corresponds to the crank rotation phase RA that is sufficient to decrease the output TA of the motor 60. The third phase R3 is retarded from the second phase R2 by a predetermined phase RC (refer to FIG. 5). The predetermined phase RC corresponds to the crank rotation phase RA that is sufficient for the gear changer 54 (refer to FIG. 2) to complete a gear change operation. The term “retarded” means that the crank rotation phase RA is increased, that is, the timing is delayed. The term “advanced” means that the crank rotation phase RA is decreased, that is, the timing is set forward. It is preferred that two timings that differ from each other by 180° be set for each of the first phase R1, the second phase R2 and the third phase R3 in one cycle of the crank.” Therefore, the third phase occurs 360 degrees after the motor is switched to a further one of the control states. Claim 16 Discloses: (Previously Presented) “The human-powered vehicle control device according to claim 1,wherein the shifting action of the transmission device includes a shifting action that increases a transmission ratio with the transmission device.” Tsuchizawa teaches, (Paragraph [0060], Lines 4-6) “Upon receiving the shift-up signal, the control unit 72 operates the gear changer 54 to increase the gear ratio r.” Claim 17 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the shifting action of the transmission device includes a shifting action that decreases the transmission ratio with the transmission device.” Tsuchizawa teaches, (Paragraph [0060], Lines 6-8) “Upon receiving the shift-down signal, the control unit 72 operates the gear changer 54 to decrease the gear ratio r.” Claim 18 Discloses: (Previously Presented) “The human-powered vehicle control device according to claim 1, wherein among a first shifting action that increases the transmission ratio with the transmission device and a second shifting action that decreases the transmission ratio with the transmission device, the shifting action of the transmission device includes only the first shifting action.” Tsuchizawa teaches, (Paragraph [0060]) “The control unit 72 performs gear change control that controls the gear changer 54 based on the shift-up signal and the shift-down signal, which are received from the operation unit 20. Upon receiving the shift-up signal, the control unit 72 operates the gear changer 54 to increase the gear ratio r. Upon receiving the shift-down signal, the control unit 72 operates the gear changer 54 to decrease the gear ratio r.” Claim 19 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the electronic controller is further configured to control the motor.” Tsuchizawa teaches, (Abstract, Lines 1-5) “A bicycle controller is provided that performs control in accordance with a riding condition of a bicycle. The bicycle controller includes an electronic control unit that controls a motor. The motor assists human power that is inputted to a bicycle,” and that, (Paragraph [006], Lines 1-5) “In an eleventh aspect of the bicycle controller according to any of the previous aspects, upon determining receiving a gear change signal from an operation unit, the electronic control unit is configured to operate the gear changer.” Claim 20 Discloses: (Original) “The human-powered vehicle control device according to claim 1, further comprising: an input unit configured to receive information related to the control states, and wherein the electronic controller is further configured to obtain the information related to the control states via the input unit.” Tsuchizawa teaches, (Paragraph [0051]) “The control unit 72 includes an arithmetic processing unit that executes predetermined control programs. The arithmetic processing unit includes, for example, a central processing unit (CPU) or a micro processing unit (MPU) having a processor that executes the control programs. The memory 74 stores information used by various kinds of control programs and various kinds of control processes,” and that the control unit 72 is capable of, (Paragraph [0063], Lines 1-2) “determining the motor 60 is in the second control state.” 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchizawa in view of Shahana. (US 2019/0300115 A1, hereinafter Shahana) Claim 1 Discloses: (Currently Amended) “A human-powered vehicle control device for a human-powered vehicle having a transmission device and a motor, which is configured to apply a propulsion force to the human-powered vehicle, the human-powered vehicle control device comprising: an electronic controller configured to control the transmission device of the human- powered vehicle,” Shahana teaches, (Abstract, Lines 1-2) “A human-powered vehicle control device includes a controller that is configured to control a motor assisting in propulsion of a human-powered vehicle.” Shahana additionally teaches, (Paragraph [0025], Lines 1-5) “A human-powered vehicle control device in accordance with an eleventh aspect of the present disclosure comprises an electronic controller configured to control a transmission in a human-powered vehicle including a crank and a drive wheel.” “the electronic controller being configured to restrict a shifting action of the transmission device until a predetermined condition is satisfied in a case where one of control states of the motor is switched to a further one of the control states of the motor,” Shahana teaches, (Paragraph [0061], Lines 1-6 & 17-20) “The controller 42 controls the motor 30 in accordance with a first parameter P. The controller 42 controls the motor 30 in the first control state in a case where a first parameter P increases. Further, the controller 42 controls the motor 30 in the second control state that differs from the first control state in a case where the first parameter P decreases … Further, the controller 42 determines that the first parameter P has decreased in a case where the first parameter P continuously decreases over the second predetermined time. Therefore, changes in control states are delayed/restricted during a certain period of time. Additionally see Fig. 8 for a flow chart on whether or not transmission control such as shifting is executed/allowed. Shahana additionally teaches, (Paragraph [0088], Lines 1-7) “A transmission-control process executed by the controller 42 of the control device 40 will now be described with reference to FIGS. 2 and 8. The transmission-control process of FIG. 8 is similar to motor-control process of FIG. 7, except in that the controller 42 controls the transmission 34 instead of the motor 30 in accordance with the first parameter P.” Shahana additionally teaches, (Paragraph [0094], Lines 4-11 and Paragraph [0095], Lines 1-6) “In step S32, the controller 42 determines whether or not the second parameter Q is smaller than or equal to the first transmission threshold value Q1. In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process. In a case where the second parameter Q is not smaller than or equal to the first transmission threshold value Q1, the controller 42 proceeds to step S33. In step S33, the controller 42 controls the transmission 34 and terminates the process. For example, in a case where the second parameter Q is greater than the first upper limit threshold value Q11, the controller 42 controls the transmission 34 to switch the ratio R from the predetermined first ratio R11 to the predetermined second ratio R12.” Therefore, the delayed change in control state can be a restriction/delay of a shifting action of the transmission. “ and configured to cancel restriction of the shifting action once the one of the control states of the motor is switched to the further one of the control states of the motor.” Shahana does not explicitly teach the preceding limitation. Tsuchizawa does teach the preceding limitation. Tsuchizawa teaches, (Abstract, Lines 1-4) “A bicycle controller is provided that performs control in accordance with a riding condition of a bicycle. The bicycle controller includes an electronic control unit that controls a motor,” wherein, (Paragraph [0069], Lines 1-15) “Upon determining the gear changer 54 is operated to change the gear ratio r of the bicycle 10, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state based on the rotation phase of the crank of the bicycle 10 and changes a timing at which the control state of the motor 60 is switched from the first control state to the second control state based on the inclination D of the bicycle 10 in the front-rear direction. In one example, the control unit 72 switches the control state of the motor 60 from the first control state to the second control state upon determining the crank rotation phase RA of the bicycle 10 is a first phase R1. Upon receiving a gear change signal from the operation unit 20, the control unit 72 operates the gear changer 54 upon determining the crank rotation phase RA is a second phase R2,” and that, (Modifications, Paragraph [0101], Lines 20-27) “the gear change device 50 can include a restriction mechanism that restricts the gear change operation of the gear changer 54. The restriction mechanism restricts the gear change operation of the gear changer 54 unless the rotation phase RA is a predetermined phase (e.g., second rotation phase R2) and allows the gear change operation of the gear changer 54 upon determining the rotation phase RA is the predetermined phase.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the human-powered electric vehicle system of Shahana, with the explicit step of canceling a restriction of a gear change after a motor is changed to a second control state at taught by Tsuchizawa, in order to yield predictable results. Combining the references would yield the benefits of pleasant control from the perspective of the rider based upon the current riding condition of the bicycle, as well as improved gear change performance after the motor control state is changed upon reaching a second phase, as the gear change is allowed when the gear changer receives minimal torque. As Tsuchizawa describes, (Paragraph [0093], Lines 1-8) “The control unit 72 changes the second phase R2 for performing the gear change operation of the gear changer 54 in accordance with the inclination D. Thus, the gear change operation of the gear changer 54 is performed at a timing when the gear changer 54 receives the minimal torque. This improves the gear change performance. Consequently, the control is performed in accordance with the riding condition of the bicycle 10. Additionally, in the bicycle controller 70, both when the inclination D is 0° and when the inclination D is other than 0°, the gear change operation of the gear changer 54 is performed at a timing when the gear changer 54 receives the minimal torque. This reduces an unpleasant feel of the rider.” Claim 10 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the case where the one of the control states is switched to the further one of the control states includes a case where the one of the control states is switched to the further one of the control states in a state in which acceleration of the human-powered vehicle in a traveling direction of the human-powered vehicle is greater than or equal to a predetermined first acceleration,” Shahana teaches, (Paragraph [0091]) “The second parameter Q includes at least one of the rotational speed N of the crank 12, the torque TH of the human-powered vehicle 10, the power WH of the human driving force H input to the human-powered vehicle 10, the speed V of the human-powered vehicle 10, the acceleration G of the human-powered vehicle 10, the jerk J of the human-powered vehicle 10, and the inclination angle D of the human-powered vehicle 10. Shahana additionally teaches, (Paragraph [0095], Lines 11-13 And Paragraph [0096]) “In a case where the second parameter Q is not smaller than or equal to the second transmission threshold value Q2, the controller 42 proceeds to step S36. In step S36, the controller 42 controls the transmission 34 and then terminates the process. For example, in a case where the second parameter Q becomes greater than the second upper limit threshold value Q21, the controller 42 controls the transmission 34 so as to switch the ratio R from the predetermined first ratio R21 to the predetermined second ratio R22.” Examiner notes the “predetermined first acceleration” is being mapped to the “second transmission threshold value Q2.” “and the predetermined condition is satisfied in a case where the acceleration of the human- powered vehicle becomes less than a predetermined second acceleration” Shahana teaches, (Paragraph [0094], Lines 8-9) “In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process.” Examiner notes the “predetermined second acceleration” is being mapped to the “first transmission threshold value Q1.” “that is less than or equal to the predetermined first acceleration.” Shahana teaches, (Paragraph [0092], Lines 1-3) “The first transmission threshold value Q1 is preferably smaller than the second transmission threshold value Q2.” Claim 11 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the case where the one of the control states is switched to the further one of the control states includes a case where the one of the control states is switched to the further one of the control states in a state in which load on a rider of the human-powered vehicle is greater than or equal to a predetermined first load,” Shahana teaches, (Paragraph [0091]) “The second parameter Q includes at least one of the rotational speed N of the crank 12, the torque TH of the human-powered vehicle 10, the power WH of the human driving force H input to the human-powered vehicle 10, the speed V of the human-powered vehicle 10, the acceleration G of the human-powered vehicle 10, the jerk J of the human-powered vehicle 10, and the inclination angle D of the human-powered vehicle 10. Shahana additionally teaches, (Paragraph [0095], Lines 11-13 And Paragraph [0096]) “In a case where the second parameter Q is not smaller than or equal to the second transmission threshold value Q2, the controller 42 proceeds to step S36. In step S36, the controller 42 controls the transmission 34 and then terminates the process. For example, in a case where the second parameter Q becomes greater than the second upper limit threshold value Q21, the controller 42 controls the transmission 34 so as to switch the ratio R from the predetermined first ratio R21 to the predetermined second ratio R22.” Examiner notes the “predetermined first load” is being mapped to the “second transmission threshold value Q2.” “and the predetermined condition is satisfied in a case where the load on the rider is less than a predetermined second load” Shahana teaches, (Paragraph [0094], Lines 8-9) “In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process.” Examiner notes the “predetermined second load” is being mapped to the “first transmission threshold value Q1.” “that is less than or equal to the predetermined first load.” Shahana teaches, (Paragraph [0092], Lines 1-3) “The first transmission threshold value Q1 is preferably smaller than the second transmission threshold value Q2.” Claim 12 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the case where the one of the control states is switched to the further one of the control states includes a case where the one of the control states is switched to the further one of the control states and a crank of the human-powered vehicle is rotating in a state in which load on a rider of the human-powered vehicle is greater than or equal to a predetermined first load,” Shahana teaches, (Paragraph [0091]) “The second parameter Q includes at least one of the rotational speed N of the crank 12, the torque TH of the human-powered vehicle 10, the power WH of the human driving force H input to the human-powered vehicle 10, the speed V of the human-powered vehicle 10, the acceleration G of the human-powered vehicle 10, the jerk J of the human-powered vehicle 10, and the inclination angle D of the human-powered vehicle 10. Shahana additionally teaches, (Paragraph [0095], Lines 11-13 And Paragraph [0096]) “In a case where the second parameter Q is not smaller than or equal to the second transmission threshold value Q2, the controller 42 proceeds to step S36. In step S36, the controller 42 controls the transmission 34 and then terminates the process. For example, in a case where the second parameter Q becomes greater than the second upper limit threshold value Q21, the controller 42 controls the transmission 34 so as to switch the ratio R from the predetermined first ratio R21 to the predetermined second ratio R22.” Examiner notes the “predetermined first load” is being mapped to the “second transmission threshold value Q2.” “and the predetermined condition is satisfied in a case where the load on the rider is less than a predetermined second load” Shahana teaches, (Paragraph [0094], Lines 8-9) “In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process.” Examiner notes the “predetermined second load” is being mapped to the “first transmission threshold value Q1.” “that is less than or equal to the predetermined first load.” Shahana teaches, (Paragraph [0092], Lines 1-3) “The first transmission threshold value Q1 is preferably smaller than the second transmission threshold value Q2.” Claim 13 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the case where the one of the control states is switched to the further one of the control states includes a case where the one of the control states is switched to the further one of the control states in a state in which gradient of a road on which the human- powered vehicle is traveling is greater than or equal to a predetermined first gradient,” Shahana teaches, (Paragraph [0091]) “The second parameter Q includes at least one of the rotational speed N of the crank 12, the torque TH of the human-powered vehicle 10, the power WH of the human driving force H input to the human-powered vehicle 10, the speed V of the human-powered vehicle 10, the acceleration G of the human-powered vehicle 10, the jerk J of the human-powered vehicle 10, and the inclination angle D of the human-powered vehicle 10. Shahana additionally teaches, (Paragraph [0066], Lines 16-21) “The controller 42 calculates the inclination angle D of the road surface on which the human-powered vehicle 10 runs in accordance with the GPS information obtained by the GPS receiver and the road surface gradient included in map information recorded in advance in the storage 44 of the control device 40.” Shahana additionally teaches, (Paragraph [0095], Lines 11-13 And Paragraph [0096]) “In a case where the second parameter Q is not smaller than or equal to the second transmission threshold value Q2, the controller 42 proceeds to step S36. In step S36, the controller 42 controls the transmission 34 and then terminates the process. For example, in a case where the second parameter Q becomes greater than the second upper limit threshold value Q21, the controller 42 controls the transmission 34 so as to switch the ratio R from the predetermined first ratio R21 to the predetermined second ratio R22.” Examiner notes the “predetermined first gradient” is being mapped to the “second transmission threshold value Q2.” “and the predetermined condition is satisfied in a case where the gradient of the road on which the human-powered vehicle is traveling becomes less than a predetermined second gradient” Shahana teaches, (Paragraph [0094], Lines 8-9) “In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process.” Examiner notes the “predetermined second gradient” is being mapped to the “first transmission threshold value Q1.” “that is less than or equal to the predetermined first gradient.” Shahana teaches, (Paragraph [0092], Lines 1-3) “The first transmission threshold value Q1 is preferably smaller than the second transmission threshold value Q2.” Claim 14 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the case where the one of the control states is switched to the further one of the control states includes a case where the one of the control states is switched to the further one of the control states in a state in which a pitch angle of the human-powered vehicle is greater than or equal to a predetermined first pitch angle,” Shahana teaches, (Paragraph [0091]) “The second parameter Q includes at least one of the rotational speed N of the crank 12, the torque TH of the human-powered vehicle 10, the power WH of the human driving force H input to the human-powered vehicle 10, the speed V of the human-powered vehicle 10, the acceleration G of the human-powered vehicle 10, the jerk J of the human-powered vehicle 10, and the inclination angle D of the human-powered vehicle 10. Shahana additionally teaches, (Paragraph [0066], Lines 3-9) “The inclination angle D of the road surface on which the human-powered vehicle 10 travels is the inclination angle in the traveling direction of the human-powered vehicle 10. The inclination angle D of the road surface on which the human-powered vehicle 10 travels corresponds to a pitch angle of the human-powered vehicle 10.” Shahana additionally teaches, (Paragraph [0095], Lines 11-13 And Paragraph [0096]) “In a case where the second parameter Q is not smaller than or equal to the second transmission threshold value Q2, the controller 42 proceeds to step S36. In step S36, the controller 42 controls the transmission 34 and then terminates the process. For example, in a case where the second parameter Q becomes greater than the second upper limit threshold value Q21, the controller 42 controls the transmission 34 so as to switch the ratio R from the predetermined first ratio R21 to the predetermined second ratio R22.” Examiner notes the “predetermined first pitch angle” is being mapped to the “second transmission threshold value Q2.” “and the predetermined condition is satisfied in a case where the pitch angle of the human-powered vehicle becomes less than a predetermined second pitch angle” Shahana teaches, (Paragraph [0094], Lines 8-9) “In a case where the second parameter Q is smaller than or equal to the first transmission threshold value Q1, the controller 42 terminates the process.” Examiner notes the “predetermined second pitch angle” is being mapped to the “first transmission threshold value Q1.” “that is less than or equal to the predetermined first pitch angle.” Shahana teaches, (Paragraph [0092], Lines 1-3) “The first transmission threshold value Q1 is preferably smaller than the second transmission threshold value Q2.” Claim 15 Discloses: (Original) “The human-powered vehicle control device according to claim 1, wherein the control states differ from each other in an assist level of the motor, and the case where the one of the control states is switched to the further one of the control states includes a case where the assist level of the motor is increased.” Shahana teaches, (Paragraph [0015] & [0017]) “In accordance with a sixth aspect of the present disclosure, the human-powered vehicle control device according to any one of the first to fifth aspects is configured so that the electronic controller is configured to control the motor in accordance with the human driving force input to the human-powered vehicle, and the electronic controller is configured to control the motor so that at least one of a ratio of an assist force generated by the motor to the human driving force and a maximum value of an output of the motor differs between the first control state and the second control state … In accordance with a seventh aspect of the present disclosure, the human-powered vehicle control device according to the sixth aspect is configured so that the electronic controller is configured to control the motor so that the ratio is greater in the first control state than in the second control state.” Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shahana, in view of Tsuchizawa, further in view of Uno (JP 3644633 B2), referred to as Uno from this point forward. Claim 7 Discloses: (Original) “The human-powered vehicle control device according to claim 6, wherein the predetermined first time is greater than or equal to one second and less than or equal to five seconds.” Shahana and Tsuchizawa do not explicitly teach the predetermined time range of claim 7. However, Uno does teach the range described in claim 7. Uno teaches, (Paragraph [0027], lines 1-2 & Paragraph [0030]) “FIG. 4 shows an example of each speed threshold value in the automatic transmission mode. Here, in this embodiment, two threshold values, a first shift-down threshold value D1 and a second shift-down threshold value D2, are prepared as the threshold values for the shift-down … When the threshold value is set in this way, it is desirable that the time required for determination at the time of downshifting by the first downshift threshold value D1 is longer than the half rotation period of the crank 18 (described later). By making the determination time longer than the half rotation period, the shift control can be performed in consideration of the pulsation due to the speed fluctuation of the crank 18 and is less susceptible to the pulsation that occurs during the half rotation of the crank 18. Therefore, FIG. 5 shows the cycle of the crank rotation number used for setting the first shift-down threshold value D1 and the determination time in consideration thereof. Here, in the case of the first shift-down threshold D1, 42.5 rotations are set as a reference, and the cycle is the reciprocal of the rotation number, so the half rotation cycle of the crank 18 is 0.71 seconds. In the case of the second downshift threshold D2, it is 1 second.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Shahana and Tsuchizawa, which are mapped to the limitations of claims 1 and 6, with the specific predetermined time values described in Uno, as using a value such as 1 second would be obvious to try in order to yield a reasonable expectation of success. The rationale for combing the references would be to account for the hysteresis that can occur due to pulsation from speed fluctuation in the crank of a human-powered vehicle and/or bicycle. As evidenced by Uno, delaying by a relatively small time that is also greater than zero, such as 1 second, has been tried already with success to combat this problem. As Uno describes, (Paragraph [0030] Lines 2-7) “By making the determination time longer than the half rotation period, the shift control can be performed in consideration of the pulsation due to the speed fluctuation of the crank 18 and is less susceptible to the pulsation that occurs during the half rotation of the crank 18. Therefore, FIG. 5 shows the cycle of the crank rotation number used for setting the first shift-down threshold value D1 and the determination time in consideration thereof. Here, in the case of the first shift-down threshold D1, 42.5 rotations are set as a reference, and the cycle is the reciprocal of the rotation number, so the half rotation cycle of the crank 18 is 0.71 seconds. In the case of the second downshift threshold D2, it is 1 second.” RELEVANT, BUT NOT CITED ART The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Hahn et al. (US 2020/0262516 A1) teaches, (Paragraph [0052]) “In one example, a method for controlling electronic shifting of a bicycle includes initiating, by a processor, automatic control of the electronic shifting of the bicycle. The method further includes identifying, by the processor, a minimum gear, beyond which a derailleur is not shiftable during the automatic control of the electronic shifting when the bicycle is in a particular state, and receiving, by the processor, cadence data from a cadence sensor of the bicycle. After the initiating of the automatic control of the electronic shifting, the method includes identifying, by the processor, a target gear based on the received cadence data, and comparing, by the processor, the identified target gear to the identified minimum gear. The method also includes preventing or allowing, by the processor, the shifting of the derailleur of the bicycle to the identified target gear based on the comparison.” Tsuchizawa et al. (US 2018/0215432 A1) teaches, “The electronic controller 52 proceeds to step S61 and determines whether or not the appropriate shifting is performed. The electronic controller 52 can determine that the appropriate shifting is performed if the actuation state of the shifting device 22, which is detected based on the output of the shifting state detection device 40, conforms to the actuation state of the shifting device 22 corresponding to the target shift stage. The electronic controller 52 can determine that the appropriate shifting is performed if the rotational speed N of the crank conforms to the estimated rotational speed N of the crank, which is calculated from the rotational speed N of the crank that is obtained in step S23 prior to the shifting and the transmission ratio r, which corresponds to the target shift stage. If the electronic controller 52 determines that the appropriate shifting is not performed, then the electronic controller 52 proceeds to step S62 and determines whether or not the predetermined period SZ has elapsed. The electronic controller 52 determines that the predetermined period SZ has elapsed, for example, if the time elapsed from time at which the shifting device 22 starts the shifting action in step S26 is greater than or equal to the predetermined period SZ. If the predetermined period SZ has not elapsed, then the electronic controller 52 again executes the determination of step S61. If the electronic controller 52 determines in step S62 that the predetermined period SZ has elapsed, then the electronic controller 52 stops the shifting action in step S63 and the limitation on the motor output TM in step S28. In this case, if the predetermined period SZ elapses in a state where the shifting is uncompleted, the shifting action is interrupted. The predetermined period SZ can be a period from time at which the first shifting action is started or the limitation on the motor output TM is started to time at which the crank 12A is rotated to a predetermined angle. The predetermined angle is selected to be less than or equal to 180 degrees and is, for example, less than or equal to 90 degrees. The predetermined angle is selected to be greater than or equal to 20 degrees and, preferably, greater than or equal to 30 degrees.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER V. GENTILE whose telephone number is (703)756-1501. The examiner can normally be reached Monday - Friday 9-5. 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, Kito R. Robinson can be reached at (571)270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXANDER V GENTILE/Examiner, Art Unit 3664 /KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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Prosecution Timeline

Mar 22, 2022
Application Filed
Feb 20, 2025
Non-Final Rejection — §102, §103
May 16, 2025
Response Filed
Jul 16, 2025
Final Rejection — §102, §103
Oct 17, 2025
Response after Non-Final Action
Nov 11, 2025
Request for Continued Examination
Nov 18, 2025
Response after Non-Final Action
Jan 14, 2026
Non-Final Rejection — §102, §103
Apr 09, 2026
Applicant Interview (Telephonic)
Apr 09, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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2y 7m
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