DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a non-final office action on the merits. Claims 1, 3-10, and 12-16 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the references as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/14/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 07/14/2026, with respect to the rejection of claims 1, 3-10, and 12-16 under 35 U.S.C 103 have been considered but are not persuasive. The examiner has carefully considered applicant’s arguments and respectfully disagrees. The argument that amended claim 1 requires, “a persistent creep-inhibited state,” (see Remarks, pg.7) suggests a limitation not recited, or understood under broadest reasonable interpretation from the claim language. The examiner interprets the claim requiring the vehicle creep to be inhibited by disconnecting the engine torque path, as well as, while the engine remains disconnected, the electric machine is controlled based on the driver load request. The claim language does not require a separately designated control mode, or prohibit driver-requested propulsion merely because unrequested torque remains inhibited.
The disclosure of Wang provides the disengagement of the disconnect clutch to isolate the engine while the electric machine acts as the main propulsion source. Furthermore, the accelerator pedal input represents a driver torque, or power request. Then, the controller commands torque from the engine and/or the electric machine based on that request [¶¶ [0022]-[0024], [0029]-[0031], [0032]-[0035]). As such, Wang teaches the limitations of “controlling the electric machine based on driver demand while the engine torque path is disconnected,” as required by amended claim 1. In combination with the teachings of Masayuki, the disclosure is able to provide, “wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed,” as required by the amended claim language. Specifically, Masayuki teaches reconnected a previously disconnected power-transmission path when a vehicle speed change ratio reaches a predetermined threshold ¶¶ [0032]-[0034], [0076]-[0081]; [0090]-[0094]) . For example, the condition of the change ratio being greater than the threshold causes the controller to connect the first and second clutches, then terminate the disconnected traveling condition. The examiner interprets the change in vehicle speed per unit in time against a threshold to be associated with rising vehicle speed. As such, the examiner respectfully disagrees and the rejection of claims 1, 3-10, and 12-16 under 35 U.S.C 103 is maintained.
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, 3-10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang Xiaoyong et al. (US20150224976A1), hereinafter referred to as Wang in view of Giggel Stefan et al. (DE102016201348A1), hereinafter referred to as Stefan in further view of Arai Masayuki et al. (US20150096821A1), hereinafter referred to as Masayuki.
Regarding claim 1, Wang discloses: a control system for enabling deactivation of vehicle creep in a vehicle with an engine (see at least Wang, ¶¶ [0021]-[0023]), the control system comprising:
one or more controllers (see at least Wang, ¶¶ [0021]-[0023]), wherein the control system is configured to:
enable vehicle creep so that wheel drive torque can reach a first value greater than zero without a driver load request and without a brake request (see at least Wang, ¶¶ [0031]-[0032] which discloses the hybrid electric vehicle’s (HEV) “creep mode” which allows the controller to determine whether to apply creep torque to slightly propel, or hold the vehicle, determining conditions of “creep mode” can include the vehicle being completely stopped or in motion, the driver applying little to no force on the accelerator pedal, etc; “creep mode” allows for the M/G to deliver creep torque to the wheels of the vehicle; [0034] conversely, “creep mode” is cancelled when the driver indicates a desire to stop, such as applying the brakes),
wherein enabling vehicle creep comprises the engine being active while connected to a first set of vehicle wheels (see at least Wang, ¶¶ [0006] discloses a method of applying creep torque; [0015]-[0016] discloses involvement of the engine being partially connected to a first set of wheels; [0030]-[0032])
monitor for a vehicle creep deactivation signal (see at least Wang, Fig.2, Item 110 which discloses a flow chart illustrating the process of determining the cancellation of creep torque; ¶¶ [0037] the controller determines whether the driver indicates a desire to stop or hold the vehicle depending on a brake signal, depressing of the brake pedal, measured against a threshold; [0040] discloses the activation signal of a brake pedal being depressed to a certain position)
wherein the control system is configured to control the electric machine based on the driver load request, while the engine is disconnected (see at least Wang, ¶¶ [0022]-[0024], [0029]-[0031], [0032]-[0035] which discloses operating an electric machine to provide propulsion torque and controlling tis output in torque, or speed control, this means wherein the control system is configured to control the electric machine based on the driver load request, while the engine is disconnected)
Wang is silent on, however in the same field of endeavor, Stefan teaches: in response to the vehicle creep deactivation signal, inhibit vehicle creep without a brake request so that wheel drive torque cannot reach the first value without a driver load request (see at least Stefan, ¶¶ [0013]-[0014], [0020]-[0022], which discloses an operating element being used to control vehicle creep mode through sending an actuation signal when operated manually, an example of such operating element includes but is not limited to, one or more buttons arranged in a vehicle cockpit, interface, steering wheel, etc., actions of operation include activating, deactivating, or setting the creep mode allowing vehicle creep to be inhibited without receiving input from a brake pedal being depressed, or released; this means that in response to the vehicle creep deactivation signal, inhibit vehicle creep without a brake request so that wheel drive torque cannot reach the first value without a driver load request)
It would have been obvious to a person of ordinary skill in the art to modify Wang to include in response to the vehicle creep deactivation signal, inhibit vehicle creep without a brake request so that wheel drive torque cannot reach the first value without a driver load request as taught by Stefan. Incorporating the teaching of Stefan would allow for the driver to trigger creep mode on hand, opposed to simply providing a brake request. This provides an improvement to the base invention of Wang, where an alternative is provided to receiving a brake request, creating a more flexible means of sending activation/deactivation signals. Modified Wang is silent on, however, in the same field of endeavor, Masayuki teaches: wherein inhibiting vehicle creep comprises causing disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the vehicle wheel, wherein the vehicle comprises an electric machine configured to remain connected to a second set of wheels while the engine is disconnected (see at least Masayuki, ¶¶ [0007]-[0009], [0018], [0035]-[0036], [0041]-[0044], which discloses inhibiting vehicle creep through disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the subsidiary drive wheels, wherein the vehicle comprises an electric machine configured to remain connected to a second set of main drive wheels while the engine is disconnected)
and wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed (see at least Masayuki, ¶¶ [0032]-[0034], [0076]-[0081], which discloses a disconnected travel state in which the first and second clutches disconnect portions of the power transmission path which engine power is transmitted to the wheels; [0090]-[0094], which discloses determining whether to terminate the disconnected travel state based on a vehicle speed fluctuation ratio (change amount of vehicle speed per unit of time) and the ratio is compared against a threshold, this means and wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed)
It would have been obvious to a person of ordinary skill in the art to change modified Wang to include wherein inhibiting vehicle creep comprises causing disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the vehicle wheel, wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed , and wherein the vehicle comprises an electric machine configured to remain connected to a second set of wheels while the engine is disconnected as taught by Masayuki. Incorporating the teachings would allow for an improvement to the base device of modified Wang such as, fuel efficiency and decreased travel resistance.
Regarding claim 4, Wang discloses: the control system of claim 1, wherein the vehicle has a plurality of powertrain operating modes (see at least Wang, ¶¶ [0024]-[0027] discloses modes of operating the powertrain where the disconnect clutch is partially engaged to transfer a portion of engine torque in a engaged and disengaged position, the vehicle torque can be driven via the engine or M/G; [0029] discloses modes of selective engagement of both the engine and M/G to transmit) including:
a parallel hybrid electric vehicle mode (see at least Wang, Fig.1, Item 10, “HEV” which illustrates a modular hybrid transmission; [0024]-[0027], [0029])
wherein in the parallel hybrid electric vehicle mode enabling vehicle creep comprises the engine being connected to the first set of vehicle wheels to enable vehicle creep (see at least Wang, ¶¶ [0029]-[0030] discloses the traditional method which can be applicable due to selective configured engagements of the engine and motor where the engine is engaged and provides a creep torque to the vehicle)
wherein the control system is configured to request additional drive torque from the electric machine to assist vehicle creep (see at least Wang, ¶¶ [0025] which discloses the ability of the M/G to provide additional assistance for the engine which is referred to as “electric assist mode” or “hybrid mode,” [0031] discloses the ability for the M/G to additionally provide creep torque depending on the selective configuration [0030] of the engine and M/G)
inhibiting vehicle creep comprises disconnecting the engine, and not requesting drive torque from the electric machine without the driver load request (see at least Wang, ¶¶ [0024] which discloses the controller’s ability to command torque, disengage/engage the disconnect clutch; [0016]-[0017], an engaged position connects the engine and/or the M/G while an disengaged position isolates the engine from the powertrain; [0037] discloses the cancellation of creep mode and the controller in part, inhibiting the motor from the wheels)
Regarding claim 5, Wang discloses: the control system of claim 1, wherein the vehicle has a plurality of powertrain operating modes including a series hybrid electric vehicle mode and/or an electric vehicle mode wherein in the series hybrid electric vehicle mode and/or the electric vehicle mode (see at least Wang, ¶¶ [0024]-[0027] discloses modes of operating the powertrain where the disconnect clutch is partially engaged to transfer a portion of engine torque in a engaged and disengaged position, the vehicle torque can be driven via the engine or M/G; [0029] discloses modes of selective engagement of both the engine and M/G to transmit):
enabling vehicle creep comprises the engine not being connected to the first set of vehicle wheels (see at least Wang, ¶¶ [0024] which discloses the controller’s ability to command torque, disengage/engage the disconnect clutch; [0016]-[0017], an engaged position connects the engine and/or the M/G while an disengaged position isolates the engine from the powertrain; [0032] discloses the M/G delivering creep torque to the wheels of the vehicle when the clutch is engaged)
wherein the control system is configured to request drive torque from the electric machine without the driver load request and without the brake request, to enable vehicle creep (see at least Wang, ¶¶ [0031]-[0032] which discloses the hybrid electric vehicle’s (HEV) “creep mode” which allows the controller to determine whether to apply creep torque to slightly propel, or hold the vehicle, determining conditions of “creep mode” can include the vehicle being completely stopped or in motion, the driver applying little to no force on the accelerator pedal, etc; “creep mode” allows for the M/G to deliver creep torque to the wheels of the vehicle; [0034] conversely, “creep mode” is cancelled when the driver indicates a desire to stop, such as applying the brakes),
inhibiting vehicle creep comprises not requesting drive torque from the electric machine without the driver load request, while the engine remains disconnected (see at least Wang, ¶¶ [0024] which discloses the controller’s ability to command torque, disengage/engage the disconnect clutch; [0016]-[0017], an engaged position connects the engine and/or the M/G while an disengaged position isolates the engine from the powertrain; [0037] discloses the cancellation of creep mode and the controller in part, inhibiting the motor from the wheels)
Regarding claim 6, Wang discloses: the control system of claim 1, wherein the vehicle has a plurality of powertrain operating modes including an engine only mode, wherein in the engine only mode, drive torque is not requested from the electric machine regardless of whether vehicle creep is enabled or inhibited (see at least Wang, ¶¶ [0024] which discloses the controller’s ability to command torque, disengage/engage the disconnect clutch; [0016]-[0017], an engaged position connects/utilizes the engine and/or the M/G while an disengaged position isolates the engine from the powertrain; [0037] discloses the cancellation of creep mode and the controller in part, inhibiting the motor from the wheels)
Regarding claim 7, Wang discloses: the control system of claim 1, configured to partially reconnect the engine and slip the connection based on a driver load request, while the vehicle creep is inhibited (see at least Wang, ¶¶ [0024] discloses the potential of variable slip between components based upon input from the pedal, selective partial engagement; [0035] discloses the cancellation of “creep mode,” reconnecting the engine or M/G upon detecting the accelerator pedal is depressed beyond a threshold)
Regarding claim 8, Wang discloses: the control system of claim 1, wherein when vehicle creep is inhibited, the control system is configured to:
disconnect the engine in dependence on a threshold associated with falling vehicle speed (see at least Wang, ¶¶ [0040]-[0043] discloses the disconnection of the engine relative to a a threshold associated with falling vehicle speed (a specific limit of braking torque application applied to reduce the speed of the vehicle) where creep torque is cancelled [0037] discloses the cancellation of creep mode and the controller in part, inhibiting the motor from the wheels)
Regarding claim 9, Wang discloses: the control system of claim 1, wherein the control system is configured to reconnect the engine in dependence on a threshold associated with a rising load request (see at least Wang, ¶¶ [0035] discloses the reconnecting the engine or M/G upon detecting a threshold associated with a specific limit of the accelerator pedal depressed beyond a threshold to increase the speed of the vehicle where creep torque is inhibited)
Regarding claim 10, Wang discloses: the control system of claim 1, wherein, prior to the disconnection, if the engine is active or is required to be active, the disconnection is performed when a condition is satisfied (see at least Wang, [0031]-[0032] discloses the condition of the driver indicates a desire to stop, such as applying the brakes, thus inhibiting vehicle creep and [0035] disconnecting the engine and/or M/G),
Regarding claim 12, Wang discloses: a vehicle comprising the control system of claim 1 (see at least Wang, Fig.1 discloses an illustration of a hybrid electric vehicle)
Regarding claim 13, Wang discloses: a method of enabling deactivation of vehicle creep in a vehicle with an engine (see at least Wang, ¶¶ [0005]-[0006]), the method comprising:
enabling vehicle creep so that wheel drive torque can reach a first value greater than zero without a driver load request and without a brake request (see at least Wang, ¶¶ [0031]-[0032] which discloses the hybrid electric vehicle’s (HEV) “creep mode” which allows the controller to determine whether to apply creep torque to slightly propel, or hold the vehicle, determining conditions of “creep mode” can include the vehicle being completely stopped or in motion, the driver applying little to no force on the accelerator pedal, etc; “creep mode” allows for the M/G to deliver creep torque to the wheels of the vehicle; [0034] conversely, “creep mode” is cancelled when the driver indicates a desire to stop, such as applying the brakes),
wherein enabling vehicle creep comprises the engine being active while connected to a first set of vehicle wheels (see at least Wang, ¶¶ [0006] discloses a method of applying creep torque; [0015]-[0016] discloses involvement of the engine being partially connected; [0030]-[0032])
monitoring for a vehicle creep deactivation signal (see at least Wang, Fig.2, Item 110 which discloses a flow chart illustrating the process of determining the cancellation of creep torque; ¶¶ [0037] the controller determines whether the driver indicates a desire to stop or hold the vehicle depending on a brake signal)
wherein the control system is configured to control the electric machine based on the driver load request, while the engine is disconnected (see at least Wang, ¶¶ [0022]-[0024], [0029]-[0031], [0032]-[0035] which discloses operating an electric machine to provide propulsion torque and controlling tis output in torque, or speed control, this means wherein the control system is configured to control the electric machine based on the driver load request, while the engine is disconnected)
Wang is silent on, however, in the same field of endeavor, Stefan teaches: in response to the vehicle creep deactivation signal, inhibiting vehicle creep without a brake request so that wheel drive torque cannot reach the first value without the driver load request depressing of the brake (see at least Stefan, ¶¶ [0013]-[0014], [0020]-[0022], which discloses an operating element being used to control vehicle creep mode through sending an actuation signal when operated manually, an example of such operating element includes but is not limited to, one or more buttons arranged in a vehicle cockpit, interface, steering wheel, etc., actions of operation include activating, deactivating, or setting the creep mode allowing vehicle creep to be inhibited without receiving input from a brake pedal being depressed, or released; this means that in response to the vehicle creep deactivation signal, inhibit vehicle creep without a brake request so that wheel drive torque cannot reach the first value without a driver load request)
It would have been obvious to a person of ordinary skill in the art to modify Wang to include in response to the vehicle creep deactivation signal, inhibit vehicle creep without a brake request so that wheel drive torque cannot reach the first value without a driver load request as taught by Stefan. Incorporating the teaching of Stefan would allow for the driver to trigger creep mode on hand, opposed to simply providing a brake request. This provides an improvement to the base invention of Wang, where an alternative is provided to receiving a brake request, creating a more flexible means of sending activation/deactivation signals.
Modified Wang is silent on, however, in the same field of endeavor, Masayuki teaches: wherein inhibiting vehicle creep comprises causing disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the vehicle wheel, wherein the vehicle comprises an electric machine configured to remain connected to a second set of wheels while the engine is disconnected (see at least Masayuki, ¶¶ [0007]-[0009], [0018], [0035]-[0036], [0041]-[0044], which discloses inhibiting vehicle creep through disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the subsidiary drive wheels, wherein the vehicle comprises an electric machine configured to remain connected to a second set of main drive wheels while the engine is disconnected)
and wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed (see at least Masayuki, ¶¶ [0032]-[0034], [0076]-[0081], which discloses a disconnected travel state in which the first and second clutches disconnect portions of the power transmission path which engine power is transmitted to the wheels; [0090]-[0094], which discloses determining whether to terminate the disconnected travel state based on a vehicle speed fluctuation ratio (change amount of vehicle speed per unit of time) and the ratio is compared against a threshold, this means and wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed)
It would have been obvious to a person of ordinary skill in the art to change modified Wang to include wherein inhibiting vehicle creep comprises causing disconnection of a torque path between the engine and the first set of vehicle wheels, at least in part, from the vehicle wheel, wherein when vehicle creep is inhibited, the control system is configured to reconnect the engine in dependence on a threshold associated with rising vehicle speed , and wherein the vehicle comprises an electric machine configured to remain connected to a second set of wheels while the engine is disconnected as taught by Masayuki. Incorporating the teachings would allow for an improvement to the base device of modified Wang such as, fuel efficiency and decreased travel resistance.
Regarding claim 14, Wang discloses: a non-transitory, computer-readable storage medium storing instructions thereon that, when executed by one or more electronic processors, causes the one or more electronic processors to carry out the method of claim 13 (see at least Wang, ¶¶ [0045] discloses the components of non-writable computer readable storage media devices storing the processes, methods, and/or algorithms associated with the embodiment)
Regarding claim 15, Wang discloses: the control system of claim 1, wherein the control system is configured to control the engine and a generator to generate electrical energy for the electric machine, while the engine is disconnected (see at least Wang, ¶¶ [0016] discloses the ability of the M/G to generate electrical energy to be stored; the electric machine can act as the sole drive source for the HEV when the engine is isolated by disengagement of the disconnect clutch)
Regarding claim 16, Wang discloses: the control system of claim 10, wherein satisfaction of the condition is dependent on vehicle speed (see at least Wang, ¶¶ [0033] which discloses the operation of speed control mode where the satisfaction of a vehicle speed enables for the creep torque to adapt accordingly)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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