DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 24 November 2025 has been entered.
The amendments have overcome all objections and 112 rejections the previous Final Rejection (28 August 2025). Claims 1-12 and 14-20 are pending.
Claim Interpretation
Applicant claims the term “constant power control.” The context of Applicant’s use of the term “constant power control” in the specification indicates that “constant” has an equivalent meaning to “persistent” or “always-on.”
“Constant” also has a plain meaning of “unchanging.” The context of Applicant’s specification, indicates that “constant” is NOT used by applicant in the sense of “unchanging.” Applicant’s method includes the step of “controlling the electric oil pump through constant power control, when the power of the electric oil pump is equal to or less than the reference power.” The disclosure indicates that during “constant power control” the power is set to maintain the reference power when the pump is equal to or less than the reference power (Applicant’s disclosed spec, pg 2 ln 11-13; pg 3 ln 10-12, pg 6 ln 17-18). A person of ordinary skill in the art would recognize that this indicates that as power drops below reference power, it is increased until it reaches the reference power.
Furthermore, there is no indication that “constant power control” includes mechanisms to limit power rising above said reference power.
A person of ordinary skill in the art would recognize that applying the disclosure to claim 1, said “controlling the electric oil pump through constant power control, when the power of the electric oil pump is equal to or less than the reference power” indicates a function where the power is raised back to the refence power.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, change “whether power of the electric oil pump” in line 4 of the claim to “whether a power of the electric oil pump”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 11 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 new amendment of “wherein a flux torque unit is configured to calculate monitored power of the electric oil pump from a current command, and a constant power control unit is configured to receive the monitored power from the flux torque unit to perform the constant power control” constitutes new matter. The term “monitored power” does not appear in applicant’s specification. The term “monitored” implies a sensed power; this is not present in applicant’s disclosed invention. The relevant sections are on applicant’s spec pages 4 and 8, which both do not recite a “monitored” power.
Page 8 recites, “may calculate the power of the current electric oil pump according to the current command being outputted,” and “calculate the current power of the electric oil pump from the current command being outputted.”
Page 4 recites, “calculates the power of the current electric oil pump according to the current command being outputted.”
Therefore “monitored power” is not present in the application as originally filed and therefore constitutes new matter. Claim 1 is rejected for new matter. Dependent claims 2-5 and 11 are accordingly also rejected.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12, and 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the method steps of “terminating the constant power control and performing a second speed control of the electric oil pump when the difference is within a first range, wherein a flux torque unit is configured to calculate monitored power of the electric oil pump from a current command, and a constant power control unit is configured to receive the monitored power from the flux torque unit to perform the constant power control.” It is unclear whether after the step of “terminating the constant power control” how the “the constant power control unit” then performs the step of “constant power control.” Since the claim has terminated “constant power control” in an earlier step it is unclear what applicant intends to claim by then performing “constant power control” in the next line of the claim, because the plain meaning of “terminating” is to stop or cease the performing of “constant power control,” which implies there is no constant power control to perform in the later step. Therefore, a person of ordinary skill in the art would not be able to determine what applicant intends to claim. Therefore claim 1 is rejected for indefiniteness. Dependent claims 2-5 and 11 are correspondingly rejected.
Claim 1 new amendment of “wherein a flux torque unit is configured to calculate monitored power of the electric oil pump from a current command, and a constant power control unit is configured to receive the monitored power from the flux torque unit to perform the constant power control” constitutes new matter. The term “monitored power” does not appear in applicant’s specification. The term “monitored” implies a sensed power; this is not present in applicant’s disclosed invention. The relevant sections are on applicant’s spec pages 4 and 8, which both do not recite a “monitored” power. The sections instead refer to “calculate[ing] the power.” It is unclear how a monitored power is also calculated since monitoring a power implies that it is measured, sensed, or observed, not calculated. Furthermore, claim 1 recites “power of the electric oil pump” on lines 4, 6-7 of the claim, “monitored power of the electric oil pump” on line 13 and 14 of the claim, it is unclear whether this difference in terms is meant to accommodate the differences in the “calculated” power and the “monitored” power. Therefore, applicant’s intended meaning of “monitored power” in unclear. Claim 1 is rejected for indefiniteness. Dependent claims 2-5 and 11 are accordingly also rejected.
Claim 1 recites “power of the electric oil pump” on lines 4, 6-7 of the claim, “monitored power of the electric oil pump” on line 13 and 14 of the claim, and “power of the electric oil pump” on lines 16, 18 of the claim. It is unclear whether “power of the electric oil pump” and “monitored power of the electric oil pump” refer to the same or different power. For the limited purpose of examination, they will be considered the same. Therefore claim 1 is rejected for indefiniteness. Dependent claims 2-5 and 11 are correspondingly rejected.
Claim 6 recites “the speed control unit is configured to resume speed control.” The term “resume” implies that the speed control has terminated, stopped, or is not operating in another control configuration. There is no antecedent basis for the speed control not operating, terminating, or stopping. Claim 6 reciting a “constant power control” does not provide antecedent basis for stopping “speed control” as applicant has not claimed anything that indicates that “speed control” stops when “constant power control” starts. Therefore claim 6 is rejected for indefiniteness. Dependent claims 7-10, 12, and 14-20 are correspondingly rejected.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6-8, 10-12, 14-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beck (US 2010/0231146).
Regarding claim 1, Beck discloses an electric oil pump (oil as the fluid pump does not limit the pump, See MPEP 2115; oil is an intended use of the pump in the preamble of the claim and will not be considered as limiting See MPEP 2111.02, the pump is structurally complete within the body and the fluid pumped does not inform any structure of the pump claimed within the body) control method comprising the steps of:
receiving a speed command (motor speed command, par 0031) from a transmission control unit (supervisory controller 38, par 0031, controller the plain meaning of transmission control unit because it causes the transmission of drive energy to the pump);
controlling the electric oil pump through speed control according to the speed command (par 0031);
determining whether power (rotor flux, par 0009) of the electric oil pump is equal to or less than a reference power (rotor flux error is the difference between a reference power / rotor flux command and the rotor flux, par 0009; the reference power is the rotor flux command based on a lookup table for the motor speed, par 0033; the control system linearizes torque via control via magnetic flux control, par 0010, 0029; reasonably controlling flux to control torque meets the reference power control, as applicant’s disclosed invention controls flux based on the flux-torque map, Applicant’s Spec pg 7 ln 16-30) while controlling through the speed control (speed determines the flux command, See par 0033); and
controlling the electric oil pump through constant power control (torque linearization ensures that the throttle control for the motor is near constant, par 0030; constant throttle control for linearized torque reasonably meets the plain meaning of constant power control under a BRI, because throttle is generally recognized as a control of fuel /energy/power to an engine), when the power of the electric oil pump is equal to or less than the reference power (the torque linearizer is used throughout speed error control, par 0036; speed error control also references a lookup table for the flux command, par 0033);
determining whether a difference (speed error estimate u.sub.ee, par 0035, par 0008) between a speed of the speed command and a speed of the electric oil pump is within a first range (speed error estimate u.sub.ee, par 0035; difference between the speed of the rotor, u.sub.me and a commanded speed u.sub.mc, par 0008, 0031, 0032-0033) while controlling through the constant power control (torque linearization is used throughout speed error control, par 0036; at all times of operation the speed error estimate is calculated, par 0035);
terminating the constant power control and performing a second speed control of the electric oil pump when the difference is within the first range (lookup table uses the motor speed estimate to locate the appropriate and corresponding flux rotor command on the lookup table, then controls via that flux rotor command, par 0033; under a BRI, as motor speed changes to such a degree that it requires a new flux rotor command in the lookup table, this new flux rotor command may be considered a terminating the constant power control under the old flux rotor command; the new flux rotor command with its corresponding motor speed may be considered the second speed control),
wherein a flux torque unit (motor vector model 26, par 0025) is configured to calculate monitored power (rotor flux estimate lambda.sub.re, par 0025-0026) of the electric oil pump from a current command (motor current measurement signals are used to calculate magnetic flux of the rotor, par 0025, 0032; the measurement signal is partially determined by the excitation current command, par 0034, under a BRI the excitation current command meets the current command limitation), and
a constant power control unit (rotor flux summation device 28, par 0026; rotor flux command is used to maintain proper torque, par 0026) is configured to receive the monitored power from the flux torque unit to perform the constant power control (rotor flux summation device 28 receives the rotor flux estimate, lambda.sub.re, from the motor vector model 26, par 0034)
wherein, in the constant power control, the electric oil pump is controlled to maintain the power of the electric oil pump to be equal to the reference power (a rotor flux error control is meant to reduce rotor flux error, par 0027; rotor flux error is the difference between magnetic flux of the rotor and the rotor flux command, par 0025-0027, 0031-0034), and
wherein, while controlling through the constant power control, the electric oil pump is controlled only by the power of the electric oil pump (rotor flux error is controlled by managing excitation current to the field and phases, par 0034).
Regarding claim 2, Beck teaches the electric oil pump control method according to claim 1, wherein when the difference between the speed of the speed command and the speed of the electric oil pump is greater than the first range (a greater speed step in the speed flux lookup table, par 0033), the electric oil pump is controlled through the constant power control (rotor flux summation device 28 controls flux to maintain torque, par 0026) until the difference between the speed of the speed command and the speed of the electric oil pump becomes within the first range (speed error estimate is calculate at all times of operation, par 0035; rotor flux summation device 28 repeats during entire operation of pump, par 0034; therefore speed control and flux control are always in operation in beck and meet the limitation).
Regarding claim 3, Beck teaches the electric oil pump control method according to claim 1, wherein the speed control is configured to control the speed of the electric oil pump to be equal to the speed of the speed command (motor speed error control is structured to reduce the error term to zero, par 0029).
Regarding claim 6, Beck discloses an electric oil pump (oil as the fluid pump does not limit the pump, See MPEP 2115; oil is an intended use of the pump in the preamble of the claim and will not be considered as limiting See MPEP 2111.02, the pump is structurally complete within the body and the fluid pumped does not inform any structure of the pump claimed within the body) control apparatus comprising:
a speed control unit (speed error control 34, par 0029-0031) configured for controlling an electric oil pump (electric pump, used to pump oil, par 0019) through speed control according to a speed command (speed command, par 0031) received from a transmission control unit (supervisory controller 38, par 0031; supervisory controller controls slip of the motor, par 0032-0033; slip of the motor is the transmission of electrical rotational speed to rotational speed); and
a power control unit (torque linearizer 36 with rotor flux error control 30, par 0030-0031) configured for controlling the electric oil pump through constant power control (torque linearization ensures that the throttle control for the motor is near constant, par 0030; constant throttle control for linearized torque reasonably meets the plain meaning of constant power control under a BRI, because throttle is generally recognized as a control of fuel /energy/power to an engine) when power of the electric oil pump is equal to or less than a reference power (the rotor flux command is a reference power, par 0033; reasonably controlling flux to control torque meets the reference power control, as applicant’s disclosed invention controls flux based on the flux-torque map, Applicant’s Spec pg 7 ln 16-30);
wherein the power control unit is configured to control to maintain the power of the electric oil pump to be equal to the reference power (rotor flux error between the flux command and rotor flux, par 0009), only by the power of the electric oil pump
wherein the speed control unit is configured to resume speed control when a difference between a speed of the speed command and an actual speed of the electric oil pump is within a first range (speed estimate reaches the desired level, par 0033, under a BRI a speed reaching a desired level is equivalent to reaching a range of zero from that desired level) during the constant power control (the flux lookup table determines the power at which to control for said speed, par 0033).
Claim 7, Beck discloses the electric oil pump control apparatus according to claim 6, wherein when receiving a speed command (U.sub.mc) from the transmission control unit (38), the speed control unit (32) controls the electric oil pump (motor speed summation device 32 receives motor speed command from the supervisory controller 38, par 0028),
wherein when the power of the electric oil pump is equal to or less than the reference power, the constant power control unit controls the electric oil pump (flux error control 30, control loop, par 0027) until a difference between a speed of the speed command and a speed of the electric oil pump becomes within a first range (the speed error control 34 reduces speed error to zero, par 0029; under a BRI since the flux error control 30 operates continuously, it is configured to operate when the speed error control 34 reduces speed error to the desired range; the continual operation of the flux error control meets the term “until” under a BRI), and wherein when the difference between the speed of the speed command and the speed of the electric oil pump is within the first range, the speed control unit controls the electric oil pump (speed error control 34 is in operation at all times during operation, par 0035-0036).
Claim 8, Beck discloses the electric oil pump control apparatus according to claim6,wherein the speed control unit controls a speed of the electric oil pump to be a speed of the speed command (the motor speed summation device 32 and motor speed error control reduces the speed error estimate to zero, par 0028-0029).
Claim 10, Beck discloses the electric oil pump control apparatus according to claim 6, wherein the constant power control unit performs constant power control using PID control (par 0027).
Regarding claim 11, Beck discloses the electric oil pump control method according to claim 1, wherein the reference power (flux rotor command, par 0033) is set to a power at which the electric oil pump operates at a speed according to the speed command during shifting (the flux rotor command is set according to a speed estimate in a lookup table; par 0033; shifting from one speed in the lookup table to another speed meets is shifting under a BRI).
Claim 12, Beck discloses the electric oil pump control apparatus according to claim 8, wherein when the difference between the speed of the speed command and the speed of the electric oil pump is within the first range (the ranges are speed steps in the lookup table, par 0033), the speed control unit controls the electric oil pump (at all times during operation motor speed summation device 32 operates, par 0035).
Claim 14, Beck discloses the electric oil pump control apparatus according to claim 6, comprising: a flux torque unit (fig 1, error control unit 20 which includes a torque linearizer 36 and a rotor flux error control 30, par 0031) configured to output a current command (excitation current command E.sub.ic, par 0034) according to a signal from the speed control unit (U.sub.mc is a motor speed command from a supervisory controller 38, par 0031) or the constant power control unit; a current control unit (motor vector model 26, par 0031, receives motor current measurement signals, par 0024) configured to control the current of the electric oil pump according to the current command of the flux torque unit (par 0025); and
an outer loop unit (supervisory controller 38) configured to output a magnetic flux command (lamda.sub.rc is a flux command from 38, par 0031) to the flux torque unit using the voltage of the current control unit (supervisory controller 38 receives a T.sub.me and U.sub.me signal from motor vector model 26, which the motor vector model derives from a measurement v.sub.mm voltage signal, par 0024-0025, 0033), the speed of the electric oil pump motor (supervisor controller 38 receives signal u.sub.me which is a motor speed estimate, par 0025, 0033), and the input voltage (v.sub.m is an input voltage to the motor, par 0019, 0021, 0024 which is processed by 20 to provide the T.sub.me and u.sub.me outputs to the supervisory controller 38; par 0025 in order to change the v.sub.m as feedback, par 0034).
Claim 15, Beck discloses the electric oil pump control apparatus according to claim 14, wherein the flux torque unit outputs a current command (Beck, e.sub.ic excitation current, par 0023) according to the signal from the speed control unit when speed control unit operates (Beck, the motor speed command u.sub.mc is sent to error control unit 20 via the supervisory controller 38, par 0028).
Claim 16, Beck discloses the electric oil pump control apparatus according to claim 14, wherein the flux torque unit outputs a current command (Beck, e.sub.ic excitation current, par 0023) according to the signal from the constant power control unit when constant power control unit operates (Beck considers an error correction for Torque T.sub.ec, based upon a motor speed error control 34, par 0023-0025; where as noted earlier torque at a specified speed is equivalent to power).
Claim 19, Beck discloses the electric oil pump control apparatus according to claim 14,
wherein the current control unit comprises a three-phase bridge (the rotor flux device controls phases of the generator and motor, par 0034; there are three phases, par 0024; since the three phases sum to zero, and the control is measuring current of only two phases to determine the third phase, par 0024; the phases therefore have a common connection which makes it a bridged circuit as is known in the art).
Claim 20, Beck discloses the electric oil pump control apparatus according to claim 7, wherein the reference power (flux rotor command, par 0033) is set to a power at which the electric oil pump operates at a speed according to the speed command during shifting (the flux rotor command is set according to a speed estimate in a lookup table; par 0033; shifting from one speed in the lookup table to another speed meets is shifting under a BRI).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4-5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Beck in view of Dong (US 2019/0331216).
Regarding claim 4, Beck teaches the electric oil pump control method according to claim 1, prior to the step of determining whether the power of the electric oil pump is equal to or less than the reference power (consult the speed torque lookup table, par 0033).
Beck is silent on:
Comprising steps of determining whether the speed command is a stop command of the electric oil pump;
determining whether a difference between the speed of the electric oil pump and a stop speed of the electric oil pump is within a second range when the speed command is the stop command of the electric oil pump; and stopping the electric oil pump when the difference between the speed of the electric oil pump and the stop speed of the electric oil pump is within the second range, wherein the step of determining whether the power of the electric oil pump is less than or equal to a reference power is performed when the speed command is not the stop command of the electric oil pump.
Dong teaches a method of switching load between parallel oil pumps (par 0007-0008, 0011, 0021, 0033, 0055) for a vehicle transmission (par 0032) by controlling an electric oil pump to take over for a parallel pump (par 0011) and also stop the electric oil pump (par 0014) where the controller determines whether the target RPM is smaller than the minimum value of a reference RPM range and then stop the driving of the electric oil pump when the target RPM is smaller than the minimum value of the reference RPM range (par 0015, 0019),
determining whether a difference between the speed of the electric oil pump (target RPM, par 0019) and a stop speed (minimum value of the reference RPM, par 0019; this is a stop speed because below this speed the motor is stopped) of the electric oil pump is within a second range (below the minimum RPM value, par 0019) when the speed command is the stop command of the electric oil pump (stop the pump when the target speed smaller than the minimum value of the reference RPM, par 0019, the target speed is a stop command when it is below the minimum RPM value); and stopping the electric oil pump when the difference between the speed of the electric oil pump and the stop speed of the electric oil pump is within the second range (stop the pump when it is below the minimum RPM value, par 0019; “below” meets the plain meaning of a range under a BRI).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pump control of Beck by adding the parallel pump and pump control of Dong in order to maintain oil supply by adding a second pump to enable the first pump to shutdown as needed, where stopping one pump and starting a second pump is the means of transferring pumps (par 0021).
As a result, Beck in view of Dong also makes obvious “wherein the step of determining whether the power of the electric oil pump is less than or equal to a reference power is performed when the speed command is not the stop command of the electric oil pump” because Dong is concerned with maintain pressure during stop commands related to complete transfer of load (par 0019-0022).
Regarding claim 5, Beck in view of Dong makes obvious the electric oil pump control method according to claim 4.
Beck is silent on wherein when the difference between the speed of the electric oil pump and the stop speed of the electric oil pump is greater than the second range, the electric oil pump is controlled through the speed control until the difference between the speed of the electric oil pump and the stop speed of the electric oil pump becomes within the second range.
Dong further teaches wherein when the difference between the speed of the electric oil pump and the stop speed of the electric oil pump is greater than the second range, the electric oil pump is controlled through the speed control until the difference between the speed of the electric oil pump and the stop speed of the electric oil pump becomes within the second range (RPM of the oil pump is maintained at the maximum value in the RPM range and is maintained at the target RPM when pumps are switched in order to maintain oil supply, par 0021).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pump control of Beck by adding the parallel pump and pump control of Dong in order to maintain oil supply by adding a second pump to enable the first pump to shutdown as needed, where stopping one pump and starting a second pump is the means of transferring pumps (par 0021).
Claim 9, Beck discloses the electric oil pump control apparatus according to claim 6. Beck is silent on wherein the constant power control unit does not perform constant power control when a difference between a speed of the speed command and a stop speed of the electric oil pump is within a second range.
Dong teaches a method of switching load between parallel oil pumps (par 0007-0008, 0011, 0021, 0033, 0055) for a vehicle transmission (par 0032) by controlling an electric oil pump to take over for a parallel pump (par 0011) and also stop the electric oil pump (par 0014) where the controller determines whether the target RPM is smaller than the minimum value of a reference RPM range and then stop the driving of the electric oil pump when the target RPM is smaller than the minimum value of the reference RPM range (par 0015, 0019),
determining whether a difference between the speed of the electric oil pump (target RPM, par 0019) and a stop speed (minimum value of the reference RPM, par 0019; this is a stop speed because below this speed the motor is stopped) of the electric oil pump is within a second range (below the minimum RPM value, par 0019) when the speed command is the stop command of the electric oil pump (stop the pump when the target speed smaller than the minimum value of the reference RPM, par 0019, the target speed is a stop command when it is below the minimum RPM value); and stopping the electric oil pump when the difference between the speed of the electric oil pump and the stop speed of the electric oil pump is within the second range (stop the pump when it is below the minimum RPM value, par 0019; “below” meets the plain meaning of a range under a BRI).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pump control of Beck by adding the parallel pump and pump control of Dong in order to maintain oil supply by adding a second pump to enable the first pump to shutdown as needed, where stopping one pump and starting a second pump is the means of transferring pumps (par 0021).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Beck in view of Jayanth (US 2009/0119036).
Claim 17, Beck discloses the electric oil pump control apparatus according to claim 14,wherein the flux torque unit calculates the power of the current electric oil pump (Beck, Motor Vector Model 26 takes voltage V.sub.mm and current I.sub.mm representative of measured voltage v.sub.m and current i.sub.m signal, par 0032-0034) according to the current command being outputted (Beck, e.sub.ic excitation current, par 0023, which changes the voltages and current of the motor, par 0034).
Beck is silent on calculating the power based upon said voltage and current signals.
Jayanth teaches a pump with a power consumption and alert module where power is calculated based on current and voltage (par 0119).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the Flux Torque Unit of Beck by adding the power consumption and alert module of Jayanth in order to display power consumption of the motor for the user to be apprised of the status of the pump motor.
Claim 18, Beck in view of Jayanth teaches the electric oil pump control apparatus according to claim 17, wherein the constant power control unit receives the power of the current electric oil pump and determines whether it is less than or equal to a reference power (Jayanth, variations in power supply may receive an alert, par 0119, inherently there must be at least two power values to determine a variation, either of those values is a reference power).
Response to Arguments
Applicant’s arguments with respect to claims 1-12 and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached on (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746