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 Action on the Merits. Claims 1-8, 10-18, and 20 are currently pending and are addressed below.
Response to Amendments
The amendment filed on December 3rd, 2025 has been considered and entered.
Response to Arguments
The applicant’s arguments with respect to claims 1-8, 10-18, and 20 have been considered and found to be persuasive, therefore a new rejection for the prior art has been made. Accordingly, the instant action is Non-Final
Contingent Limitations
Claims 5, 8, 10, 15, 18, 20 contain conditional limitations:
Claim 5: “controlling the HEV to be driven in a second mode, in which the vehicle drives without operating the engine, in response to determination that the operation termination of the engine is possible”
Claim 8: “determining whether one of a sound guide, a voice command and a combination thereof is likely to be additionally generated; and terminating the noise reduction control at a preset point in time, in response to determination that the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated”
Claim 10: “checking a target driving mode; and changing a current operating point of the engine to an operating point having RPM corresponding to motor RPM, when the target driving mode is a third mode where the power of the engine is transmitted to wheels, and the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated”
Claim 15: “the control unit is configured to control the HEV to be driven in a second mode, in which the vehicle drives without operating the engine, in response to determination the operation termination of the engine is possible”
Claim 18: “determine whether one of a sound guide, a voice command and a combination thereof is likely to be additionally generated; and terminate the noise reduction control at a preset point in time, in response to determination that the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated”
Claim 20: “the control unit is configured to check a target driving mode, and change a current operating point of the engine to an operating point having RPM corresponding to motor RPM, when the target driving mode is a third mode where the power of the engine is transmitted to wheels, and the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated”
With respect to conditional limitations in process claims, MPEP 2111.04 guides
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim
As claims 5, 8, and 10 are process claims, Ex Parte Schulhauser applies to limitations (1)-(3). See MPEP 2111.04, II “contingent claims” ("[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed . . . [t]herefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);").
For example, the broadest reasonable interpretation of claim 10 does not require “checking a target driving mode; and changing a current operating point of the engine to an operating point having RPM corresponding to motor RPM” since the conditional phrases “when” does not require that the determination is actually made (i.e., “when the target driving mode is a third mode where the power of the engine is transmitted to wheels, and the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated”; -- rather than that they are determined).
The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitations (5)-(8) as noted above, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Burkholz (US 20200231138 A1) (“Burkholz”) in view of Teraya (US 20110120789 A1) (“Teraya”) in view of Farrell (US 20190248361 A1) (“Farrell”).
With respect to claim 1, Burkholz teaches a method of supporting sound input and output in a hybrid electric vehicle (HEV) which includes an engine, and a battery, the method comprising:
determining whether a first condition for a sound input and output function and a second condition for an internal noise level are satisfied (See at least Burkholz Paragraph 7 “Current driving conditions may be affected by and/or defined by, for example, requests of a driver and/or an assisted/autonomous driving system, e.g. requests for acceleration, deceleration etc. The electric control unit, e.g. an engine control module, may then be configured to determine these current driving conditions based on the driving data. The vehicle may maintain the electric driving mode until a significant change of the driving situation is initiated, for example when the driver's acceleration demands are higher than the electric engine is capable of delivering (e.g. a kick-down)” | Paragraphs 26-27 “The vehicle 10 may further include a telecommunication system 4, which is communicatively coupled to the electric control unit 3. The telecommunication system 4 may include a telephone 5 that may either be integrated in the telecommunication system 4, e.g. as an integrated vehicle phone, or coupled to the telecommunication system 4 via a hands-free device, a docking station or similar. A driver and/or passenger of the vehicle 10 may thus conduct telephone calls using the telephone 5 and/or via a hands-free device of the telecommunication system 4, e.g. via a headset or similar. Any distraction of the driver should be avoided while performing the phone call. Thus, any acoustic noise potentially being generated within the vehicle 10 should be maximally reduced. Sources of noise may include, for example, wind, road noises, noise from the internal combustion engine 1, from exhaust valves, from sound generators, etc. In other words, the noise may be caused by any vehicle component. The vehicle 10 in FIG. 1 is configured to generally minimize noise vibration harshness (NVH) levels during telecommunication sessions inside the vehicle 10, as will be described below. Particularly, the telecommunication system 4 may be configured to provide communication data to the electric control unit 3. The communication data may include information regarding whether a telecommunication session is initiated and/or ongoing by the telecommunication system 4. The electric control unit 3 and the telecommunication system 4 may further be coupled to an assisted and/or autonomous driving unit of the vehicle 10 (not depicted).” | Paragraph 31 “Generally, the electric controller 3 may be configured to determine a power demand of the current driving condition and determine the feasibility of the electric driving mode based on the result. The power demand may be generated by a driver and/or by an assisted/autonomous driving unit, for example. The electric driving mode may be selected, for example, to minimize acoustic noise and/or acoustic vibrations and thus minimize NVH. Accordingly, the electric controller 3 may be configured to execute optimization algorithms in which various control parameters and/or process variables of the vehicle 10 are provided as input. For example, for each source of noise one or several such parameters may be defined that characterize the influence of the respective source of noise on the NVH, e.g. a valve setting, a gear ratio, an engine control parameter and so on. The electric controller 3 may then be configured to formulate an electric driving mode that features a setting of parameter values minimizing the NVH inside the vehicle 10.”);
determining whether operation termination of the engine is possible based on the first condition and the second condition are satisfied (See at least Burkholz FIG. 2 and Paragraphs 34-35 “FIG. 2 shows a flow chart of a corresponding method M for operating the hybrid electric vehicle 10 of FIG. 1. The method M may include under M1 determining if a telecommunication session is initiated and/or ongoing by the telecommunication system 4 based on communication data provided by the telecommunication system 4 to the electric controller 3. The method may further include under M2 determining the current driving condition of the hybrid electric vehicle 10 based on the driving data provided by the electric controller 3 and determining under M3, by the electric controller 3, if an electric driving mode of the hybrid electric vehicle 10 is feasible for the current driving condition. Additionally, the method M may include under M4 operating the hybrid electric vehicle 10, by the electric controller 3, in the electric driving mode during the telecommunication session while the electric driving mode is feasible. FIG. 3 exemplifies such a method M, in which a hybrid powertrain is controlled in the event of a phone call to increase safety and comfort in a vehicle 10 by reducing cabin noise. Under M1, the electric controller 3 may be configured to receive an input in the event of a phone call. The current driving condition of the vehicle 10 may be determined under M2. Next, when a phone call is conducted or received, the electric controller 3 may be configured to determine under M3 if an electric driving mode is feasible. Accordingly, the electric controller 3 may be configured to determine under M4 if it is possible to perform a current driver and/or an assisted/autonomous driving unit request (e.g. acceleration, deceleration, speed etc.) (e.g., an input request) by employing the electric drivetrain only. When the input request is possible, the electric controller 3 may be configured to shut down the internal combustion engine 1 under D1 to drive in the electric driving mode”);
controlling the HEV to be driven in a first mode based on determining that the operation termination of the engine is impossible (See at least Burkholz Paragraph 36 “Furthermore, other actions may be performed by the electric controller 3 including automatically closing a window 6 of the hybrid electric vehicle 10, automatically closing an exhaust valve 7 of the hybrid electric vehicle 10, automatically disabling a sound generator 8 of the hybrid electric vehicle 10, automatically shifting to a longer gear ratio, and so on. However, if a deactivation of the internal combustion engine 1 is not possible, either because the electric driving mode is generally not feasible or the driver demands cannot be fulfilled, the electric controller 3 may be configured to maintain the current mode under D2 with the internal combustion engine 1 switched on. However, the electric controller 3 may be configured to perform repeated checks to determine if the internal combustion engine 1 may be switched off. If the internal combustion engine 1 is already switched off then the electric controller 3 may be configured to maintain the switched off status as long as possible or feasible”);
Burkholz fails to explicitly disclose a stater/generator motor, a driving motor, the first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV; and performing noise reduction control by changing an operating point of the engine during the first mode
Teraya teaches a stater/generator motor, a driving motor, a first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV (See at least Teraya Paragraph 10 “A first aspect of the invention relates to a hybrid motor vehicle. The hybrid motor vehicle includes: an internal combustion engine that outputs motive power for vehicle traction; an engine-motoring electric motor that motors the internal combustion engine; a vehicle traction electric motor that outputs motive power for vehicle traction; a secondary battery that supplies electric power to the engine-motoring electric motor and to the vehicle traction electric motor; and a pre-engine-start control device that controls the internal combustion engine and the engine-motoring electric motor so as to motor the internal combustion engine in a reverse rotation direction without performing fuel injection nor ignition during a post-system-start electric traction travel during which the hybrid motor vehicle is traveling on motive power from the vehicle traction electric motor without operating the internal combustion engine after a system of the hybrid motor vehicle is started.” | Paragraph 24 “A charge/discharge operation mode in which the engine 22 is controlled to output a motive power corresponding to the sum of the required torque and the electric power that is needed in order to charge/discharge the battery 50 and the motor MG1 and the motor MG2 are controlled so that up to the entire amount or of the motive power t output from the engine 22, involving the charging/discharging of the battery 50, is output to the drive shaft 32 as the required motive power, with its torque being converted by the planetary gear 30, the motor MG1 and the motor MG2.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Burkholz to include a stater/generator motor, a driving motor, the first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV, as taught by Teraya as disclosed above, such that the vehicle is driven in the first mode based on determining that the operation termination of the engine is impossible in order to ensure optimal vehicle control while reducing noise (Teraya Paragraph 47 ” This construction makes it possible to reduce the discomfort caused to occupants of the vehicle by the noise and vibration produced when the internal combustion engine is motored in the reverse rotation direction”).
Burkholz in view of Teraya fail to explicitly disclose performing noise reduction control by changing an operating point of the engine during the first mode.
Farrell teaches performing noise reduction control by changing an operating point of the engine (See at least Farrell Paragraph 6 “In a further non-limiting embodiment of either of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode includes modifying a speed target and a torque target of an engine of the electrified vehicle.” | Paragraph 17 “In a further non-limiting embodiment of any of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode is further based on vehicle status information.” | Paragraph 69 “The control system 56 may command changes to various normal vehicle operating mode behaviors if it is determined that the noise reduction mode should be activated, or if the user manually requests its activation. In an embodiment, the control system 56 commands the infotainment control system 64 to reduce or mute speaker volume to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to perform a ‘quiet start’ by modifying the speed and torque targets of the engine 14 to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to request changes in idle speed and torque of the engine 14 to minimize vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to inactivate a portion of the cylinders of the engine 14 to minimize vehicle exterior noise. In yet another embodiment, the control system 56 commands the engine controller 74 and the motor controller 72 to request an electric operating mode in which engine 14 starting is restricted during driving in order to reduce vehicle exterior noise. In yet another embodiment, the control system 56 commands the transmission controller to request a quiet operating mode of the exhaust bypass valves to reduce vehicle exterior noise.”).
It would have been obvious to one of ordinary skill in the art before the claimed invention to have modified the method of Burkholz in view of Teraya to include performing noise reduction control by changing an operating point of the engine, as taught by Farrell as disclosed above, such that the noise reduction is performed during the first mode, in order to improve comfort during vehicle use (Farrell Paragraph 30 “This disclosure describes vehicle systems and methods for reducing vehicle exterior noise during operation of an electrified vehicle”).
With respect to claim 2, and similarly claim 12, Burkholz in view of Teraya in view of Farrell teaches that the first condition is satisfied when an output of a sound guide is scheduled, an input of a voice command is started, or the output of the sound guide is scheduled and the input of the voice command is started (See at least Burkholz Paragraph 10 “According to an exemplary embodiment of the invention, the telecommunication session may be conducted by a telephone integrated in and/or coupled to the telecommunication system. For example, the telecommunication system of the vehicle may include a vehicle telephone or the like. Alternatively or additionally, a mobile phone or other communication device may be coupled to the telecommunication system, for example via a hands-free device, a docking station or the like. A hands-free device within the meaning of the present invention may include any equipment capable of being used without the use of hands (e.g., via voice commands) or, in a wider sense, equipment which needs only limited use of hands. In one particular example, the hands-free device may provide a wireless link between a mobile phone and the telecommunication system of the vehicle, e.g. via Bluetooth or a similar wireless technology”).
With respect to claim 3, and similarly claim 13, Burkholz in view of Teraya in view of Farrell teaches that the second condition is satisfied when the internal noise level is greater than a preset reference noise level (See at least Burkholz Paragraphs 31-32 “The power demand may be generated by a driver and/or by an assisted/autonomous driving unit, for example. The electric driving mode may be selected, for example, to minimize acoustic noise and/or acoustic vibrations and thus minimize NVH. Accordingly, the electric controller 3 may be configured to execute optimization algorithms in which various control parameters and/or process variables of the vehicle 10 are provided as input. For example, for each source of noise one or several such parameters may be defined that characterize the influence of the respective source of noise on the NVH, e.g. a valve setting, a gear ratio, an engine control parameter and so on. The electric controller 3 may then be configured to formulate an electric driving mode that features a setting of parameter values minimizing the NVH inside the vehicle 10. For example, operating the hybrid electric vehicle 10 in the electric driving mode may include automatically deactivating the internal combustion engine 1, automatically closing (partially or completely) one or several windows 6 of the vehicle 10, automatically closing (partially or completely) one or several exhaust valves 7 of the vehicle 10, automatically turning down or disabling a sound generator 8 of the vehicle 10, automatically shifting to a longer gear ratio, etc. The electric controller 3 may be further configured to operate the hybrid electric vehicle 10 in the electric driving mode during the telecommunication session while the electric driving mode is feasible. In the example of an overrun phase, the internal combustion engine 1 may thus be shut off during a telephone call via the telecommunication system 4. In the example of a kick-down phase, the vehicle 10 may remain in the current mode with the internal combustion engine 1 turned on.”).
With respect to claim 4, and similarly claim 14, Burkholz in view of Teraya in view of Farrell teaches that the determining whether the operation termination of the engine is possible comprises: determining whether the operation termination of the engine is possible based on one of a state of charge (SOC) of the battery, whether an air conditioning request is generated, whether motor discharge is restricted and a combination thereof (See at least Burkholz Paragraph 12 “Additionally, determining the feasibility of the electric driving mode may include determining a power demand of the current driving condition. When the available electric power of the electric engine is high enough to satisfy the respective demand, the internal combustion engine may be shut off. Otherwise, the vehicle may be maintained in a semi-electric mode, in which torque is provided by both engines, or a pure combustion mode, in which the electric engine is switched off. According to an exemplary embodiment of the invention, the electric driving mode may minimize acoustic noise and/or acoustic vibrations based on the determined power demand. Accordingly, depending on the specific request or driving condition, various different sources of acoustic noise may be eliminated and/or turned down in combination and/or alone to achieve an optimal sound reduction for the respective case”).
With respect to claim 15, it is important to note per the conditional limitation section above, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitation (4) as noted above, such as a control unit, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
The conditional limitations carried out in claim 15 is performed by a control unit (Spec. FIG. 2, 240 “HCU”). Burkholz discloses the same structure (Burkholz, FIG. 1, Paragraph 25 “FIG. 1 schematically illustrates a hybrid electric vehicle 10 according to an exemplary embodiment of the invention. In particular, the hybrid electric vehicle 10 may include an internal combustion engine 1 and an electric engine 2. Both engines may be operated by an electric control unit 3 (e.g., a controller),”) such that Burkholz discloses a structure capable of performing limitation (4).
With respect to claim 5, and similarly claim 15, Burkholz in view of Teraya in view of Farrell teaches controlling the HEV to be driven in a second mode, in which the HEV drives without operating the engine, in response to determination that the operation termination of the engine is possible (See at least Burkholz Paragraph 32 “For example, operating the hybrid electric vehicle 10 in the electric driving mode may include automatically deactivating the internal combustion engine 1, automatically closing (partially or completely) one or several windows 6 of the vehicle 10, automatically closing (partially or completely) one or several exhaust valves 7 of the vehicle 10, automatically turning down or disabling a sound generator 8 of the vehicle 10, automatically shifting to a longer gear ratio, etc. The electric controller 3 may be further configured to operate the hybrid electric vehicle 10 in the electric driving mode during the telecommunication session while the electric driving mode is feasible. In the example of an overrun phase, the internal combustion engine 1 may thus be shut off during a telephone call via the telecommunication system 4. In the example of a kick-down phase, the vehicle 10 may remain in the current mode with the internal combustion engine 1 turned on.”).
With respect to claim 6, and similarly claim 16, Burkholz in view of Teraya in view of Farrell teaches that the performing the noise reduction control comprises: changing a current operating point of the engine to an operating point having a lower noise level (See at least Farrell Paragraph 6 “In a further non-limiting embodiment of either of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode includes modifying a speed target and a torque target of an engine of the electrified vehicle.” | Paragraph 17 “In a further non-limiting embodiment of any of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode is further based on vehicle status information.” | Paragraph 69 “The control system 56 may command changes to various normal vehicle operating mode behaviors if it is determined that the noise reduction mode should be activated, or if the user manually requests its activation. In an embodiment, the control system 56 commands the infotainment control system 64 to reduce or mute speaker volume to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to perform a ‘quiet start’ by modifying the speed and torque targets of the engine 14 to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to request changes in idle speed and torque of the engine 14 to minimize vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to inactivate a portion of the cylinders of the engine 14 to minimize vehicle exterior noise. In yet another embodiment, the control system 56 commands the engine controller 74 and the motor controller 72 to request an electric operating mode in which engine 14 starting is restricted during driving in order to reduce vehicle exterior noise. In yet another embodiment, the control system 56 commands the transmission controller to request a quiet operating mode of the exhaust bypass valves to reduce vehicle exterior noise.”).
With respect to claim 11, Burkholz teaches a hybrid electric vehicle (HEV) comprising: an engine; a motor; a battery; and a control unit configured to:
determining whether a first condition for a sound input and output function and a second condition for an internal noise level are satisfied (See at least Burkholz Paragraph 7 “Current driving conditions may be affected by and/or defined by, for example, requests of a driver and/or an assisted/autonomous driving system, e.g. requests for acceleration, deceleration etc. The electric control unit, e.g. an engine control module, may then be configured to determine these current driving conditions based on the driving data. The vehicle may maintain the electric driving mode until a significant change of the driving situation is initiated, for example when the driver's acceleration demands are higher than the electric engine is capable of delivering (e.g. a kick-down)” | Paragraphs 26-27 “The vehicle 10 may further include a telecommunication system 4, which is communicatively coupled to the electric control unit 3. The telecommunication system 4 may include a telephone 5 that may either be integrated in the telecommunication system 4, e.g. as an integrated vehicle phone, or coupled to the telecommunication system 4 via a hands-free device, a docking station or similar. A driver and/or passenger of the vehicle 10 may thus conduct telephone calls using the telephone 5 and/or via a hands-free device of the telecommunication system 4, e.g. via a headset or similar. Any distraction of the driver should be avoided while performing the phone call. Thus, any acoustic noise potentially being generated within the vehicle 10 should be maximally reduced. Sources of noise may include, for example, wind, road noises, noise from the internal combustion engine 1, from exhaust valves, from sound generators, etc. In other words, the noise may be caused by any vehicle component. The vehicle 10 in FIG. 1 is configured to generally minimize noise vibration harshness (NVH) levels during telecommunication sessions inside the vehicle 10, as will be described below. Particularly, the telecommunication system 4 may be configured to provide communication data to the electric control unit 3. The communication data may include information regarding whether a telecommunication session is initiated and/or ongoing by the telecommunication system 4. The electric control unit 3 and the telecommunication system 4 may further be coupled to an assisted and/or autonomous driving unit of the vehicle 10 (not depicted).” | Paragraph 31 “Generally, the electric controller 3 may be configured to determine a power demand of the current driving condition and determine the feasibility of the electric driving mode based on the result. The power demand may be generated by a driver and/or by an assisted/autonomous driving unit, for example. The electric driving mode may be selected, for example, to minimize acoustic noise and/or acoustic vibrations and thus minimize NVH. Accordingly, the electric controller 3 may be configured to execute optimization algorithms in which various control parameters and/or process variables of the vehicle 10 are provided as input. For example, for each source of noise one or several such parameters may be defined that characterize the influence of the respective source of noise on the NVH, e.g. a valve setting, a gear ratio, an engine control parameter and so on. The electric controller 3 may then be configured to formulate an electric driving mode that features a setting of parameter values minimizing the NVH inside the vehicle 10.”);
determining whether operation termination of the engine is possible based on the first condition and the second condition are satisfied (See at least Burkholz FIG. 2 and Paragraphs 34-35 “FIG. 2 shows a flow chart of a corresponding method M for operating the hybrid electric vehicle 10 of FIG. 1. The method M may include under M1 determining if a telecommunication session is initiated and/or ongoing by the telecommunication system 4 based on communication data provided by the telecommunication system 4 to the electric controller 3. The method may further include under M2 determining the current driving condition of the hybrid electric vehicle 10 based on the driving data provided by the electric controller 3 and determining under M3, by the electric controller 3, if an electric driving mode of the hybrid electric vehicle 10 is feasible for the current driving condition. Additionally, the method M may include under M4 operating the hybrid electric vehicle 10, by the electric controller 3, in the electric driving mode during the telecommunication session while the electric driving mode is feasible. FIG. 3 exemplifies such a method M, in which a hybrid powertrain is controlled in the event of a phone call to increase safety and comfort in a vehicle 10 by reducing cabin noise. Under M1, the electric controller 3 may be configured to receive an input in the event of a phone call. The current driving condition of the vehicle 10 may be determined under M2. Next, when a phone call is conducted or received, the electric controller 3 may be configured to determine under M3 if an electric driving mode is feasible. Accordingly, the electric controller 3 may be configured to determine under M4 if it is possible to perform a current driver and/or an assisted/autonomous driving unit request (e.g. acceleration, deceleration, speed etc.) (e.g., an input request) by employing the electric drivetrain only. When the input request is possible, the electric controller 3 may be configured to shut down the internal combustion engine 1 under D1 to drive in the electric driving mode”);
controlling the HEV to be driven in a first mode based on determining that the operation termination of the engine is impossible (See at least Burkholz Paragraph 36 “Furthermore, other actions may be performed by the electric controller 3 including automatically closing a window 6 of the hybrid electric vehicle 10, automatically closing an exhaust valve 7 of the hybrid electric vehicle 10, automatically disabling a sound generator 8 of the hybrid electric vehicle 10, automatically shifting to a longer gear ratio, and so on. However, if a deactivation of the internal combustion engine 1 is not possible, either because the electric driving mode is generally not feasible or the driver demands cannot be fulfilled, the electric controller 3 may be configured to maintain the current mode under D2 with the internal combustion engine 1 switched on. However, the electric controller 3 may be configured to perform repeated checks to determine if the internal combustion engine 1 may be switched off. If the internal combustion engine 1 is already switched off then the electric controller 3 may be configured to maintain the switched off status as long as possible or feasible”);
Burkholz fails to explicitly disclose a stater/generator motor, a driving motor, the first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV; and performing noise reduction control by changing an operating point of the engine during the first mode
Teraya teaches a stater/generator motor, a driving motor, a first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV (See at least Teraya Paragraph 10 “A first aspect of the invention relates to a hybrid motor vehicle. The hybrid motor vehicle includes: an internal combustion engine that outputs motive power for vehicle traction; an engine-motoring electric motor that motors the internal combustion engine; a vehicle traction electric motor that outputs motive power for vehicle traction; a secondary battery that supplies electric power to the engine-motoring electric motor and to the vehicle traction electric motor; and a pre-engine-start control device that controls the internal combustion engine and the engine-motoring electric motor so as to motor the internal combustion engine in a reverse rotation direction without performing fuel injection nor ignition during a post-system-start electric traction travel during which the hybrid motor vehicle is traveling on motive power from the vehicle traction electric motor without operating the internal combustion engine after a system of the hybrid motor vehicle is started.” | Paragraph 24 “A charge/discharge operation mode in which the engine 22 is controlled to output a motive power corresponding to the sum of the required torque and the electric power that is needed in order to charge/discharge the battery 50 and the motor MG1 and the motor MG2 are controlled so that up to the entire amount or of the motive power t output from the engine 22, involving the charging/discharging of the battery 50, is output to the drive shaft 32 as the required motive power, with its torque being converted by the planetary gear 30, the motor MG1 and the motor MG2.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Burkholz to include a stater/generator motor, a driving motor, the first mode in which the starter/generator motor charges the battery with the power of the engine and the driving motor drives the HEV, as taught by Teraya as disclosed above, such that the vehicle is driven in the first mode based on determining that the operation termination of the engine is impossible in order to ensure optimal vehicle control while reducing noise (Teraya Paragraph 47 ” This construction makes it possible to reduce the discomfort caused to occupants of the vehicle by the noise and vibration produced when the internal combustion engine is motored in the reverse rotation direction”).
Burkholz in view of Teraya fail to explicitly disclose performing noise reduction control by changing an operating point of the engine during the first mode.
Farrell teaches performing noise reduction control by changing an operating point of the engine (See at least Farrell Paragraph 6 “In a further non-limiting embodiment of either of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode includes modifying a speed target and a torque target of an engine of the electrified vehicle.” | Paragraph 17 “In a further non-limiting embodiment of any of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode is further based on vehicle status information.” | Paragraph 69 “The control system 56 may command changes to various normal vehicle operating mode behaviors if it is determined that the noise reduction mode should be activated, or if the user manually requests its activation. In an embodiment, the control system 56 commands the infotainment control system 64 to reduce or mute speaker volume to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to perform a ‘quiet start’ by modifying the speed and torque targets of the engine 14 to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to request changes in idle speed and torque of the engine 14 to minimize vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to inactivate a portion of the cylinders of the engine 14 to minimize vehicle exterior noise. In yet another embodiment, the control system 56 commands the engine controller 74 and the motor controller 72 to request an electric operating mode in which engine 14 starting is restricted during driving in order to reduce vehicle exterior noise. In yet another embodiment, the control system 56 commands the transmission controller to request a quiet operating mode of the exhaust bypass valves to reduce vehicle exterior noise.”).
It would have been obvious to one of ordinary skill in the art before the claimed invention to have modified the method of Burkholz in view of Teraya to include performing noise reduction control by changing an operating point of the engine, as taught by Farrell as disclosed above, such that the noise reduction is performed during the first mode, in order to improve comfort during vehicle use (Farrell Paragraph 30 “This disclosure describes vehicle systems and methods for reducing vehicle exterior noise during operation of an electrified vehicle”).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Burkholz (US 20200231138 A1) (“Burkholz”) in view of Teraya (US 20110120789 A1) (“Teraya”) in view of Farrell (US 20190248361 A1) (“Farrell”) further in view of Yoshikazu (JPH 0255822 A) (“Yoshikazu”) (Translation Attached).
With respect to claim 7, and similarly claim 17, Burkholz in view of Teraya in view of Farrell teaches changing a current operating point of the engine to an operating point having a lower noise level (See at least Farrell Paragraph 6 “In a further non-limiting embodiment of either of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode includes modifying a speed target and a torque target of an engine of the electrified vehicle.” | Paragraph 17 “In a further non-limiting embodiment of any of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode is further based on vehicle status information.” | Paragraph 69 “The control system 56 may command changes to various normal vehicle operating mode behaviors if it is determined that the noise reduction mode should be activated, or if the user manually requests its activation. In an embodiment, the control system 56 commands the infotainment control system 64 to reduce or mute speaker volume to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to perform a ‘quiet start’ by modifying the speed and torque targets of the engine 14 to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to request changes in idle speed and torque of the engine 14 to minimize vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to inactivate a portion of the cylinders of the engine 14 to minimize vehicle exterior noise. In yet another embodiment, the control system 56 commands the engine controller 74 and the motor controller 72 to request an electric operating mode in which engine 14 starting is restricted during driving in order to reduce vehicle exterior noise. In yet another embodiment, the control system 56 commands the transmission controller to request a quiet operating mode of the exhaust bypass valves to reduce vehicle exterior noise.”).
Burkholz in view of Teraya in view of Farrell fails to explicitly disclose referring to a noise level map for torque and revolution per minute (RPM) of the engine.
Yoshikazu teaches referring to a noise level map for torque and revolution per minute (RPM) of the engine (See at least Yoshikazu Paragraph 1 “The rotational speed N of the engine 1 is detected by a rotational speed detector 11, and the suction negative pressure P is detected by a suction negative pressure detector 12. The rotation speed detecting unit 11 and the suction pressure detecting unit 12 constitute an operating state detecting unit 13, and an output from the operating state detecting unit 13 is input to a calculating unit 14. The calculation unit 14 has functions as learning means and control means. The calculation unit 14 exchanges data with the noise level map stored in the storage unit 15 according to a program written in the storage unit 15. The processing value required for the control of the switching of the muffling passage is calculated, and the processed data is output as a control signal S as necessary. … FIG. 5 is a diagram showing the noise level SPL of the two silencing passages at the time of full load operation. Such a noise level map is obtained in advance by experiments and stored. In this case, when the rotation speed NI is as follows, in the B path, Nl <NUN! In the case of A, N2 <N and in the case of N3, the route B is controlled so that the noise level SPL is always selected to be lower … By using these noise level maps to control the exhaust noise level so as to switch to the lower noise reduction passage, the noise reduction effect of the exhaust system can be effectively exhibited over the entire operation range, and The noise level can be significantly reduced. Further, by rewriting the noise level SPL with the noise level data actually detected every predetermined traveling period, the noise reduction effect of the noise reduction passage can be maintained irrespective of the aging of the exhaust system”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Burkholz in view of Teraya in view of Farrell to include referring to a noise level map for torque and revolution per minute (RPM) of the engine, as taught by Yoshikazu as disclosed above, in order to ensure efficient vehicle control (Yoshikazu Abstract “To contrive the reduction of a noise level by providing two or more silencing paths in an exhaust system and switching the silencing path in accordance with the noise level during operation”).
Claims 8, 10, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Burkholz (US 20200231138 A1) (“Burkholz”) in view of Teraya (US 20110120789 A1) (“Teraya”) in view of Farrell (US 20190248361 A1) (“Farrell”) further in view of Kim (US 20190228767 A1) (“Kim”).
With respect to claim 18, it is important to note per the conditional limitation section above, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitation (5) as noted above, such as a control unit, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
The conditional limitations carried out in claim 18 is performed by a control unit (Spec. FIG. 2, 240 “HCU”). Burkholz discloses the same structure (Burkholz, FIG. 1, Paragraph 25 “FIG. 1 schematically illustrates a hybrid electric vehicle 10 according to an exemplary embodiment of the invention. In particular, the hybrid electric vehicle 10 may include an internal combustion engine 1 and an electric engine 2. Both engines may be operated by an electric control unit 3 (e.g., a controller),”) such that Burkholz discloses a structure capable of performing limitation (5).
With respect to claim 8, and similarly claim 18, Burkholz in view of Teraya in view of Farrell teaches starting and terminating a noise reduction control at a present point in time (See at least Farrell Paragraph 54 “A first input to the input fusion block 86 may include noise restriction information from the noise restriction database 90. The noise restriction information may include various times, locations, and acceptable noise levels associated with each specific time and location. The noise restriction information may additionally include local noise ordinance information. The input fusion block 86 can utilize the noise restriction information to determine whether or not the noise reduction mode should be activated, and to determine the final mode requests.”).
Burkholz in view of Teraya in view of Farrell, however, fails to explicitly disclose determining whether one of a sound guide, a voice command and a combination thereof is likely to be additionally generated; and terminating the noise reduction control at a preset point in time, in response to determination that the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated; wherein the determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated comprises: determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated, based on one of content of the sound guide, content of the voice command and a combination thereof.
Kim teaches determining whether one of a sound guide, a voice command and a combination thereof is likely to be additionally generated (See at least Kim FIG. 5 and Paragraphs 112-113 “As such, the controller 400 determines whether or not the analyzed first uttered sentence includes both the target of control and the control command and determines an instruction generated based thereon is completed (750). When the first uttered sentence includes both the target of control and the control command, the instruction is completed and thus the controller 400 outputs a response corresponding to the instruction via the output device 500 and transmits the instruction to the drive device 600 to control the target of control to operate (760).”).; wherein the determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated comprises: determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated, based on one of content of the sound guide, content of the voice command and a combination thereof (See at least Kim FIG. 5 and Paragraphs 112-115 “As such, the controller 400 determines whether or not the analyzed first uttered sentence includes both the target of control and the control command and determines an instruction generated based thereon is completed (750). When the first uttered sentence includes both the target of control and the control command, the instruction is completed and thus the controller 400 outputs a response corresponding to the instruction via the output device 500 and transmits the instruction to the drive device 600 to control the target of control to operate (760). When the first uttered sentence does not include one or more of the target of control and the control command, the instruction is not completed and thus the controller 400 waits for an additional speech input during the second waiting time (770). The controller 400 determines whether or not an additional speech is input within the second waiting time (780). Upon determination that the additional speech is input, the controller 400 re-analyzes the entire uttered sentence including the first uttered sentence and the second uttered sentence included in additional speech data after a time corresponding to the first waiting time elapses.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Burkholz in view of Teraya in view of Farrell to include determining whether one of a sound guide, a voice command and a combination thereof is likely to be additionally generated; wherein the determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated comprises: determining whether the one of a sound guide, a voice command and a combination thereof is likely to be additionally generated, based on one of content of the sound guide, content of the voice command and a combination thereof, as taught by Kim as disclosed above, such that the termination of the noise reduction control at a preset point in time is in response to determination that the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated, in order to ensure optimal vehicle control (Kim Paragraph 9 “Various aspects of the present invention are directed to providing a speech recognition apparatus configured for inputting a complete utterance by adjusting a waiting time for input of a user's utterance even when a user's speaking speed is relatively low and a method of controlling the speech recognition apparatus.”).
With respect to claim 20, it is important to note per the conditional limitation section above, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitation (6) as noted above, such as a control unit, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
The conditional limitations carried out in claim 20 is performed by a control unit (Spec. FIG. 2, 240 “HCU”). Burkholz discloses the same structure (Burkholz, FIG. 1, Paragraph 25 “FIG. 1 schematically illustrates a hybrid electric vehicle 10 according to an exemplary embodiment of the invention. In particular, the hybrid electric vehicle 10 may include an internal combustion engine 1 and an electric engine 2. Both engines may be operated by an electric control unit 3 (e.g., a controller),”) such that Burkholz discloses a structure capable of performing limitation (6).
With respect to claim 10, and similarly claim 20, Burkholz in view of Teraya in view of Farrell in view of Kim teach checking a target driving mode (See at least Burkholz FIG.2 and Paragraphs 34-35); and changing a current operating point of the engine to an operating point having RPM corresponding to motor RPM, when the target driving mode is a third mode where the power of the engine is transmitted to wheels (See at least Teraya Paragraph 24 “A motor operation mode in which operation control is performed such that the operation of the engine 22 is stopped and a motive power from the motor MG2 corresponding to the demanded motive power is output to the drive shaft 32. Incidentally, both the torque conversion operation mode and the charge/discharge operation mode are modes in which the engine 22 and the motors MG1 and MG2 are controlled so that the required torque is output to the drive shaft 32 involving operation of the engine 22. Hereinafter, these modes can be collectively considered an engine operation mode.”) (See at least Farrell Paragraph 6 “In a further non-limiting embodiment of either of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode includes modifying a speed target and a torque target of an engine of the electrified vehicle.” | Paragraph 17 “In a further non-limiting embodiment of any of the foregoing methods, automatically operating the electrified vehicle in the noise reduction mode is further based on vehicle status information.” | Paragraph 69 “The control system 56 may command changes to various normal vehicle operating mode behaviors if it is determined that the noise reduction mode should be activated, or if the user manually requests its activation. In an embodiment, the control system 56 commands the infotainment control system 64 to reduce or mute speaker volume to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to perform a ‘quiet start’ by modifying the speed and torque targets of the engine 14 to achieve lower vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to request changes in idle speed and torque of the engine 14 to minimize vehicle exterior noise. In another embodiment, the control system 56 commands the engine controller 74 to inactivate a portion of the cylinders of the engine 14 to minimize vehicle exterior noise. In yet another embodiment, the control system 56 commands the engine controller 74 and the motor controller 72 to request an electric operating mode in which engine 14 starting is restricted during driving in order to reduce vehicle exterior noise. In yet another embodiment, the control system 56 commands the transmission controller to request a quiet operating mode of the exhaust bypass valves to reduce vehicle exterior noise.”), and the one of a sound guide, a voice command and a combination thereof is unlikely to be additionally generated (See at least Kim FIG. 5 and Paragraphs 112-115 “As such, the controller 400 determines whether or not the analyzed first uttered sentence includes both the target of control and the control command and determines an instruction generated based thereon is completed (750). When the first uttered sentence includes both the target of control and the control command, the instruction is completed and thus the controller 400 outputs a response corresponding to the instruction via the output device 500 and transmits the instruction to the drive device 600 to control the target of control to operate (760). When the first uttered sentence does not include one or more of the target of control and the control command, the instruction is not completed and thus the controller 400 waits for an additional speech input during the second waiting time (770). The controller 400 determines whether or not an additional speech is input within the second waiting time (780). Upon determination that the additional speech is input, the controller 400 re-analyzes the entire uttered sentence including the first uttered sentence and the second uttered sentence included in additional speech data after a time corresponding to the first waiting time elapses.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM ABDOALATIF ALSOMAIRY whose telephone number is (571)272-5653. The examiner can normally be reached M-F 7:30-5:30.
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/IBRAHIM ABDOALATIF ALSOMAIRY/ Examiner, Art Unit 3667 /KENNETH J MALKOWSKI/Primary Examiner, Art Unit 3667