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 .
Response to Amendment
1. This in response to an amendment filed 04/09/2026. No claims have been added. Claim 1-2 and 19 have been amended. Claims 13-14 have been canceled. Claims 1-12 and 15-19 are still pending in this application.
Claim Rejections - 35 USC § 103
2. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-12 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solt et al. (Pub.No.: 2023/0302918 A1) in view of Lee et al. (Pub.No.: 2022/0169174 A1).
Regarding claim 1, Solt teaches a method of implementing characteristics of an internal combustion engine (ICE) vehicle in an electric vehicle (EV), the method (see abstract) comprising:
determining, by a controller, a virtual gear shifting type based on vehicle driving information obtained during vehicle driving and starting virtual gear shifting (reads on enriching the BEV driving experience by providing torque/speed characteristics at the drive wheels mimicking gear shifting of a conventional ICE based powertrain, for on road drive modes only (normal, sport, etc.), see [0016]);
determining, by the controller, a magnitude of a virtual effect based on vehicle driving information obtained while the virtual gear shifting is performed (reads on torque output level, see [0005], [0008] and [0023]);
determining, by the controller, an amount of correction of the magnitude of the virtual effect based on the determined virtual gear shifting type and state information related to the virtual gear shifting while the virtual gear shifting is performed (reads on modifying torque output during simulated shifts, see [0005], [0008] and [0025]); and
correcting, by the controller, the determined magnitude of the virtual effect by the determined amount of correction of the magnitude of the virtual effect while the virtual gear shifting is performed (reads on adjusting torque output during the simulated shift, see [0004]-[0008]).
With respect to the limitations corresponding to canceled claim 13 that recite “determining a basic torque command for a motor driving the vehicle based on the vehicle driving information obtained during vehicle driving; determining a final torque command obtained by adding a virtual gear shifting intervention torque, which is correction torque for generating a virtual shift feeling by the motor driving the vehicle, to the basic torque command while the virtual gear shifting is performed; and controlling an operation of the motor according to the final torque command”, Solt teaches controlling the electric motor/EDM torque output to simulate shift operations, including providing simulated torque profiles, simulated power-on upshifts, simulated downshifts, and controlling EM torque during the simulated shift (see [0019] and[0021]-[0025]). Accordingly, Solt teaches or suggests determining a basic torque command for the motor, determining a final torque command by adding a virtual gear shifting intervention torque/correction torque to the basic torque command while virtual gear shifting is performed, and controlling operations of the final torque command.
Solt does not expressly teach that “wherein the virtual effect includes a virtual sound simulating sound generated while shifting is performed in the ICE vehicle”.
However, Lee teaches that control method for creating a feeling of virtual gear shift in an electric vehicle are known, that virtual engine speed is used as a virtual variable to create and experience the feeling of multi-step gear shift, and that the virtual engine speed is used as the virtual variable for virtual sound output (see [0053]-[0054]). Lee also teaches determining a virtual current gear position according to a gear shift schedule map and generating virtual sound in the electric vehicle based on virtual engine speed information and gear position information (see [0056]-[0057]). Lee further teaches outputting virtual engine sound/vehicle traveling sound through a sound generator and speakers (see [0040]-[0043] and [0115]-[0117]).
Thus, it would have been obvious for one of an ordinary skill in the art before the effective filing date of the claimed invention to modify Solt’s simulated shift system to include Lee’s virtual sound generation because Solt seeks to enrich the BEV driving experience by mimicking ICE-based gear shifting, and Lee teaches generating virtual sound based on virtual engine speed and virtual gear position to create and experience the feeling of multi-step virtual gear in an electric vehicle. The combination would have predictably provided an auditory component to Solt’s simulated shift sensation, thereby further simulating ICE vehicle gear-shift behavior in an electric vehicle. The combination would have predictably provided an auditory component to Solt’s simulated shift sensation, thereby further simulating ICE vehicle gear-shift behavior in an electric vehicle.
Note for the claimed “generating and outputting, by the controller, a virtual effect signal including the corrected magnitude of the virtual effect, and controlling an operation of the virtual effect generation device according to the output virtual effect signal so that a virtual effect including the corrected magnitude is generated in a vehicle” Solt teaches controlling the electric motor/EDM torque to simulate shift operations, including providing simulated torque profiles and controlling EM torque during the simulated shift (see Solt [0019] and [0021-0025]) and Lee teaches generating a virtual effect signal for outputting virtual sound, generating a sound signal based on the virtual effect signal, and outputting virtual sound according to a final sound signal (see abstract of Lee). Lee further teaches outputting virtual engine sound /vehicle-traveling sound through generator and speakers (see [0115-0117]).
Independent claim 19 is rejected for the same reasons addressed in independent claim 1.
Claim 2 recites “wherein the virtual effect generation device includes a sound device configured to generate and output virtual sound in the vehicle, and wherein the magnitude of the virtual effect includes a volume of the virtual sound”. Although Solt does not specifically teach the use of a “virtual sound” as recited in the claim, however, it would have been obvious to one of an ordinary skill in the art to implemented at least a portion of the simulated shift sensation, as taught by Solt using auditory feedback generated by a sound device, because sound generation is a well-known and commonly used technique in electric vehicle to emulate internal combustion engine behavior and enhances driver perception of gear shifting events.
Claim 3 recites “wherein the virtual effect includes virtual vibration simulating vibration generated while shifting is performed in the ICE vehicle,
wherein the virtual effect generation device includes a vibration device configured to generate and output virtual vibration in the vehicle, and
wherein a magnitude of the virtual effect includes an amplitude of the virtual vibration”. Solt teaches provide for both real and simulated shifts/modes, including power-on upshifts, for BEVs. In other words, a BEV has the flexibility to feel exactly like a traditional internal combustion engine (ICE) vehicle. Because this is electrical/electronic, all mechanical features normally tied to dedicated vehicle hardware can be driver programmable/selectable on the fly. So, in essence, a driver can experience a very mild to wild vehicle at the push of a button. The disclose techniques are aimed at enriching the BEV driving experience by providing torque/speed characteristics at the drive wheels mimicking gear shifting of a conventional ICE based powertrain, for on road drive modes only (normal, sport, etc.) (see Solt [0016]) (Note that vibration is a well-known modality for conveying shift feel.).
Regarding claim 4, the combination of Solt and Lee teaches wherein the correcting of the magnitude of the virtual effect includes adding an amount of correction of the magnitude of the virtual effect to magnitude before correction of the determined virtual effect, and determining a sum thereof as the corrected magnitude of the virtual effect (reads on adjusting torque levels during shifting, see Solt [0005], [0008] and [0022]-[0025]).
Regarding claim 5, the combination of Solt and Lee teaches wherein the virtual gear shifting type includes a power-off downshift, a power-on upshift, a power-off upshift, and a power-on downshift (see Solt [0023]).
Regarding claim 6, the combination of Solt and Lee teaches wherein the state information related to the virtual gear shifting includes a virtual engine speed determined from a driving system speed of the vehicle detected by a sensor (reads on step 408 where the controller gathers driver customization inputs (e.g., via driver interface 132/182), such as specifying a shift mode (normal, sport, track, etc.) and a number of gear shifts (e.g., 1 through n, where n equals 5). At 412, the controller monitors/measures a set of other parameter(s) (e.g., via sensor(s) 134/184). At 416, based on this collective received information, the controller determines whether an actual transmission shift operation should occur. This could be limited to, for example, BEV 150 where there is a dual or dual-speed gear reducer 166 and a TCU 190. See Solt ([0026])), and wherein the determining of the amount of correction of the magnitude of the virtual effect includes determining the amount of correction of the magnitude of the virtual effect based on the virtual gear shifting type and a change rate of the virtual engine speed (see Solt [0005] and [0008]. Also, note that adjusting simulated shift behavior based on rate of change is a routine control practice and an obvious limitation to apply).
Regarding claim 7, the combination of Solt and Lee teaches wherein, in the determining of the amount of correction of the magnitude of the virtual effect:
a value obtained by multiplying the change rate of the virtual engine speed by a gain value is determined (see Solt [0023]-[0025]); and
the gain value is a preset value determined according to the virtual gear shifting type (see Solt [0023]-[0025]).
Regarding claim 8, the combination of Solt and Lee teaches wherein the amount of correction of the magnitude of the virtual effect is:
determined as a negative (-) value when the virtual gear shifting type is an upshift (reads on PIM 124 is controlled by an electric motor controller (EMC) 128 (also referred to herein more generically as “controller 128”), which controls speed, torque, and direction of rotation of the electrical motor 108, while also providing the simulated shifts/modes according to the principles of the present application, see Solt [019]. Note that shift direction is predictable and obvious); and
determined as a positive (+) value when the virtual gear shifting type is a downshift (see Solt [0019]).
Regarding claim 9, the combination of Solt and Lee teaches wherein the state information related to the virtual gear shifting includes virtual gear shifting intervention torque, which is correction torque for generating a virtual shift feeling by a motor driving the vehicle (Solt teaches applying torque intervention to generate shift feeling during simulated shifting, see Solt [0016]), and
wherein the determining of the amount of correction of the magnitude of the virtual effect includes determining the amount of correction of the magnitude of the virtual effect based on the virtual gear shifting type and the virtual gear shifting intervention torque (see Solt [0016]. Note that using torque intervention as an input to effect adjustment is inherent and obvious within the teaching of Solt and a well-known limitation in the art).
Regarding claim 10, the combination of Solt and Lee teaches wherein, in the determining of the amount of correction of the magnitude of the virtual effect:
a value obtained by multiplying the virtual gear shifting intervention torque by a gain value is determined (see Solt [0005-0009] and [0019]-[0025]); and
the gain value is a preset value determined according to the virtual gear shifting type (reads on calibration mode (normal, sport, track, etc.), see Solt [0020]).
Regarding claim 11, the combination of Solt and Lee teaches wherein a dynamic mode producing a relatively dynamic sensation and a comfort mode producing a relatively comfortable sensation are set as virtual gear shifting modes in the controller (reads on for example normal mode(s) (i.e., not sport/track modes) see Solt [0016]-[0017]), and
wherein in the controller, when the virtual gear shifting type includes a power-on downshift and a power-off downshift (see Solt [0019]),
a gain value in the dynamic mode is set to a negative (-) value (see Solt [0019] and [0025]. Note that mode-dependent parameter sign changes are obvious an tuning option), and
a gain value in the comfort mode is set to a positive (+) value (see Solt [0019] and [0025]. Note that mode-dependent parameter sign changes are obvious an tuning option).
Claim 12 recites “wherein in the controller, when the virtual gear shifting type is a power-on downshift, gain values in the dynamic mode and the comfort mode are set to positive (+) values; and
when the virtual gear shifting type is a power-off upshift, gain values in the dynamic mode and the comfort mode are set to negative (-) values (see Solt [0008] and [0024]-[0025]).
Regarding claim 15, the combination of Solt and Lee teaches wherein the state information related to the virtual gear shifting is an elapsed time from a start time point of the virtual gear shifting (see Solt [0025]); and
in the determining of the amount of correction of the magnitude of the virtual effect, a time-axis map for each of virtual gear shifting types is used in which time is set as an independent variable and an amount of correction of the magnitude of the virtual effect is set in advance as a value according to the time, which is the independent variable, and the amount of correction of the magnitude of the virtual effect is determined from a time-axis map corresponding to a current virtual gear shifting type by taking the elapsed time from the start time point of the virtual gear shifting as input thereof while the virtual gear shifting is performed (see Solt [0025]).
Claim 16 recites “after a time point when the virtual gear shifting is completed,
output of the time-axis map is forcibly terminated, and the magnitude of the virtual effect is determined as magnitude determined based on the vehicle driving information, which is uncorrected magnitude, and a virtual effect signal including the uncorrected magnitude is generated and output to control an operation of the virtual effect generation device” (reads on an applying or on-coming clutch is fast-filled and put in slip control. Next, during the torque phase, torque is handed off by a releasing off-going clutch to the applying clutch by adjusting the clutch pressures. Next, during the inertia or inertial phase, the EM torque is adjusted to allow EM speed change to happen. Lastly, at the end of inertial phase, the apply clutch is fully synchronized and locked up by increasing pressure behind its piston. We can have three or more calibrations that can be distinguished as by the quickness of the shifts, for example only: (1) normal-600 milliseconds (ms) (torque phase plus inertia phase times), (2) sport-400 ms, and (3) track-200 ms. For a given throttle level, track shift can happen at higher vehicle speeds compared to normal and sport shifts (i.e., different shift patterns), see Solt [0024]).
Claim 17 recites “wherein the state information related to the virtual gear shifting includes a virtual gear shifting progress rate (%) determined in real time from a start time point of the virtual gear shifting as a starting point; and wherein in the determining of the amount of correction of the magnitude of the virtual effect, a virtual gear shifting progress rate map for each of virtual gear shifting types is used in which the amount of correction of the magnitude of the virtual effect is set in advance as a value according to the virtual gear shifting progress rate, and the amount of correction of the magnitude of the virtual effect is determined from a virtual gear shifting progress rate map corresponding to a current virtual gear shifting type by taking the virtual gear shifting progress rate as input thereof while the virtual gear shifting is performed”. Solt teaches monitoring shift progression over time, see Solt [0020], hence the progress-based mapping is an obvious alternative to time-based mapping.
Regarding claim 18, the combination of Solt and Lee teaches a non-transitory computer readable storage medium on which a program for performing the method of claim 1 is recorded (see Solt [0028]).
Response to Arguments
3. Applicant's arguments filed 04/09/2026 have been fully considered but they are not persuasive.
Applicant argues that Solt fails to teach or suggest that the virtual effect includes a virtual sound simulating sound generated while shifting is performed in the ICE vehicle, and further argues that the prior position regarding virtual sound lacked evidentiary support (Page 1 of the Remarks).
Thus, Applicant’s argument has been considered and the Examiner now presenting a modified rejection to cite Lee as documentary evidence for the virtual sound in an electric vehicle, generating a virtual effect signal and a sound signal for outputting the virtual sound, generating virtual sound based on virtual engine speed and virtual gear position information used to create and experience a feeling of multi-step virtual gear shift, and outputting the sound through a sound generator/speakers (see [0053-0057], [0115-0117] and abstract of Lee).
Claim 13-14 have been canceled, and their limitations have been incorporated into independent claims 1 and 19. The limitations corresponding to canceled claims 13 are addressed by Solt as discussed in the above rejection. The limitations corresponding to canceled claim 14 are addressed by Lee, which is cited as documentary evidence in response to Applicant’s traversal requesting evidentiary support for Examiner’s prior position regarding virtual sound/auditory feedback as part of a simulated shift sensation in an electric vehicle.
Conclusion
4. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
In 37 CFR 1.136(a).
shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.
In the event a first reply is filed within TWO MONTHS of the mailing date of this final. action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rasha S. AL-Aubaidi whose telephone number is (571) 272-7481. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on (571) 272-7488.
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/RASHA S. AL AUBAIDI/Primary Examiner, Art Unit 2693
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