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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the claimed:
“…..at least one electronic control unit comprising a torque-limiting module configured to:
receive a defines signal (AP_raw), wherein the defined signal (AP_raw) comprises at least one of an unfiltered raw signal of an acceleration pedal sensor, or a signal corresponding to detection of a slip situation or an overheating of the primary motor;
determine that a change in an all-wheel drive factor (FAWD_target) from a current value to a new predetermined value is forthcoming based at least in part on the defined signal (AP_raw).”
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Please see the emphasis added.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition, applicant’s figures 2 and 3 each appear to show a plot of mixed unrelated values. That is, the drawings each indicates that Toque is plotted against time; however, the same drawings each and the specification are describing battery power, driver input signal (AP-int), distributed power, etc without clearly indicating their relationship.
That is applicant’s figures 2 and 3 each appear to show a plot of mixed unrelated values. That is, the drawings each indicates that Toque is plotted against time; however, the same drawings each and the specification are describing battery power, driver input signal (AP-int), distributed power, etc without clearly indicating their relationship. As such the claimed, “receive a defined signal (AP raw), wherein the defined signal (AP raw) comprises at least one of an unfiltered raw signal of an accelerator pedal sensor or a signal corresponding to detection of a slip situation or an overheating of the primary motor;” is in conflict with the disclosure because these claimed signals do not match the torque signals shown in the drawings.
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 6, 8-10 are 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 recites:
“……at least one electronic control unit comprises a torque-limiting module configured to:
receive a defined signal (AP raw), wherein the defined signal (AP raw) comprises at least one of an unfiltered raw signal of an accelerator pedal sensor or a signal corresponding to detection of a slip situation or an overheating of the primary motor;
determine that a change in an all-wheel drive factor (FAWD_target) from a current value to a new predetermined value is forthcoming based at least in part on the defined signal (AP_raw),
wherein the all-wheel drive factor (FAWD target) specifies a ratio of a target torque distribution between the primary axle and the secondary axle,
and
wherein the filtered driver-input signal (AP int) corresponds to a sum of individual target torques (T target 1, T target 2) of the first and second electric drive motors;
abruptly set torque limits (T_target_1_limit, T_target_2_limit) for the individual target torques (T_target_1, T_target_2) of the first and second electric drive motors in accordance with the new predetermined value of the all-wheel drive factor (FAWD_target): and
after setting the torque limits (T target 1 limit, T target 2 limit), set the individual target torques (T_target_1, T_target_2) so as to not exceed the torque limits (T target 1 limit, T target 2 limit).”
First, applicant’s figures 2 and 3 each appear to show a plot of mixed unrelated values. That is, the drawings each indicates that Toque is plotted against time; however, the same drawings each and the specification are describing battery power, driver input signal (AP-int), distributed power, etc without clearly indicating their relationship. As such the claimed, “receive a defined signal (AP raw), wherein the defined signal (AP raw) comprises at least one of an unfiltered raw signal of an accelerator pedal sensor or a signal corresponding to detection of a slip situation or an overheating of the primary motor;” is not supported the disclosure and the drawings or specification.
Furthermore, there is no support for applicant’s newly submitted amended claims. Please see the emphasis added. There is no support in the original disclosure of the claim limitations as shown in the emphasis.
Applicant’s specification as cited below including other parts of the specification do not have support for the claims.
See applicant’s specification below for example.
[00121] …….an all-wheel drive factor (AWD) specifies the ratio of the target torque distribution onto the e-machine(s) per axle.
[0023] Therefore, according to the invention, due to a defined signal (unfiltered target
path), which enables an upcoming rapid change in the all-wheel drive factor to be inferred more quickly than the filtered summation target torque (filtered target path), the torque limits for the upcoming all-wheel drive factor are digitally (i.e., abruptly and not in a ramped manner) specified, i.e., before the individual target torques of the e-machines are actually set for the upcoming al-wheel drive factor.
[0045] A torque-limiting function can be carried out due to an appropriate design or
programming of the torque-limiting module 6. Upon detection of an expected change in the all-wheel drive factor FAwDtarget - in this case from 100:0 to 50:50 - at a point in time t0, which is shortly before the point in time tl, due to a defined signal, namely the unfiltered raw signal APraw of the accelerator pedal sensor, which precedes the filtered driver-input signal AP int, the torque limits Ttarget I limit and T target_2_limit for the individual target torques T_target 1 and T target_2 of the electric drive motors 1 and 2 are abruptly preset according to the predetermined changed all-wheel drive factor FAwDtarget
[0046] For example, the torque-limiting function according to the invention can be
carried out only for the case in which a change in the all-wheel drive factor FAwD target is detected in the sense of a transition from single-axle operation to dual-axle operation, in particular upon detection of a defined dynamic driving mode of the driver on the basis of the gradient of the unfiltered raw signal AP_raw of the accelerator pedal sensor during single-axle operation.
This is new matter.
The rest of the claims are rejected for depending on a rejected base claim or for having similar deficiencies at the base claim.
Claim Rejections - 35 USC § 112
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 6, 8-10 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.
It is not clear what all is meant be an “all-wheel drive factor (Fawd-target)”. The applicant basically copy-pasted the phrase from the specification without providing a meaning thereof. That is, regarding the limitation, “a filtered driver-input signal (AP-int)” it is not clear what all is meant and encompassed by a “a filtered driver-input signal” especially in relation to the claimed, “expected change in an all-wheel drive factor (Fawd-target)”. There is not provided a filter that shows a signal input into it and then filtered.
Also, it is also not clear what all is meant and encompassed by “a defined signal (AP_raw)”. How is it defined?
Why is the signal raw, or what level of raw is the raw signal. These are applicant’s made terms that are not explained.
In addition, the limitation, “abruptly set torque limits” is not clear because the term abrupt is also made by applicant and the term does not tell us how abrupt is abrupt.
How are the claimed “target torques….” abruptly preset?
What is, “new predetermined changed of the all-wheel drive factor (FAwp target)”, there is no explanation provided or predetermined. It is predetermined in reference to what?
The rest of the claims are rejected for depending on a rejected base claim or for having similar deficiencies at the base claim.
A search was conducted for the above limitations and the results show that terms are not consistent in meaning as commonly obvious in the art.
Response to Arguments
Applicant's arguments filed 07/27/26 have been fully considered but they are not persuasive.
Applicant traverses the drawing objection. The examiner respectfully disagrees. The drawing requirement is to be met by applicant. As an example, the invention is replete with errors such new matter, 112 second rejections that require explanations. The drawings are in conflict with the disclosure. That is the drawings illustrate torque while the specification and claims are reciting the same signals disclosed in the drawing; however, the signals in the claims are acceleration signals sensed by sensor, heat signal of an overheating motor. As such, applicant is required to show all limitations claimed in the drawings. The drawings should not conflict the claims or specification.
Applicant also traverses the drawing 112(b) rejection. The examiner respectfully disagrees. The newly submitted amended claims are replete with new matter.
It is not clear what all is meant be an “all-wheel drive factor (Fawd-target)”. The applicant basically copy-pasted the phrase from the specification without providing a meaning thereof. That is, regarding the limitation, “a filtered driver-input signal (AP-int)” it is not clear what all is meant and encompassed by a “a filtered driver-input signal” especially in relation to the claimed, “expected change in an all-wheel drive factor (Fawd-target)”. There is not provided a filter that shows a signal input into it and then filtered.
Also, it is also not clear what all is meant and encompassed by “a defined signal (AP_raw)”. How is it defined?
Why is the signal raw, or what level of raw is the raw signal. These are applicant’s made terms that are not explained.
In addition, the limitation, “abruptly set torque limits” is not clear because the term abrupt is also made by applicant and the term does not tell us how abrupt is abrupt.
How are the claimed “target torques….” abruptly preset?
What is, “new predetermined changed of the all-wheel drive factor (FAwp target)”, there is no explanation provided or predetermined. It is predetermined in reference to what?
A search was conducted for the above limitations and the results show that terms are not consistent in meaning as obvious in the art.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
Prosecution Insights