Prosecution Insights
Last updated: April 19, 2026
Application No. 18/295,849

ELECTRIFIED VEHICLE AND CONTROL METHOD OF ELECTRIFIED VEHICLE

Final Rejection §103
Filed
Apr 05, 2023
Examiner
TESSEMA, BESUFEKAD LEMMA
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
8 granted / 9 resolved
+36.9% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
31 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
74.1%
+34.1% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 9 resolved cases

Office Action

§103
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 . DETAILED ACTION Response to Arguments Applicant's arguments, see Applicant Remarks U.S.C. § 103 filed on 07/01/2025 regarding U.S.C. § 103 rejection have been fully considered but they are not persuasive. Applicant’s remark, on page 6 and 7 asserts that the combination Lim and Lian fails to reasonably teach or suggest what is recited in independent claims 1 that includes the language “when the transmission is switched to the reverse gear while the electrified vehicle is traveling forward, and is configured to allow the reverse rotation of the motor when the transmission is switched to the forward gear while the electrified vehicle is traveling backward” However, as discussed in the interview, paragraph 30 of Lim discloses the capability of its motor to rotate in reverse when the transmission is switched to the reverse gear while the electrified vehicle is traveling forward, and is also configured to allow the reverse rotation of the motor when the transmission is switched to the forward gear while the electrified vehicle is traveling backward. Additionally, in paragraph 45,46,49, and 50, Lim further discusses reverse rotation of the motor when shift lever is shifted from the D range to the R range during the forward driving, or when the shift lever is shifted from the R range to the D range during the reverse driving. Lian further details the reversing of motor rotation to generate a reverse torque that decelerates the vehicle to a stop.( Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the DR clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘+’ torque, and decelerates the vehicle speed by controlling a rotational speed (that is, the motor speed) of the motor 130. Lim, paragraph, 46 When the vehicle speed reaches 0 kph, the controller 150 converts the motor torque to ‘−’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the forward direction to the reverse direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the reverse direction, the vehicle travels backward. Lim, paragraph 49, The controller 150 enters the RD LURCH control mode when the shift lever is shifted from the R range to the D range during the reverse driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the RD clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘−’ torque, and decelerates the vehicle speed by reducing the rotational speed of the motor 130. Lim, paragraph 50, When the vehicle speed is reduced to 0 kph, the controller 150 changes the motor torque from ‘−’ torque to ‘+’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the rearward direction to the forward direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the forward direction, the vehicle travels forward) Applicant’s remark, on page 7, asserts the applied references, alone or in combination, fail to teach or suggest any relationship between reverse rotation of a motor and shifting gears and the specific claim 1 language “when the transmission is switched to the reverse gear while the electrified vehicle is traveling forward, and is configured to allow the reverse rotation of the motor when the transmission is switched to the forward gear while the electrified vehicle is traveling backward”. Therefore, even if one of ordinary skill in the art sought to combine the two references, the person of ordinary skill would not arrive at the recited claim language absent a mere desire to reject the recited claim language. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Different reasons have been mentioned for combining Lim and Lian in non-final office action. On page 6 of the non-final office action, the examiner mentions multiple motivation that are distinct from the applicant’s specification, for example, using reverse torque to stop and switch gear while driving to reduce brake wear due to overuse of brake plates that occur in traditional friction braking system. Furthermore, the combination of Lim and Lian helps with smoother transmission of gears to reduce driver discomfort when shift lever is shifted from the D range to the R range during the forward driving, or when the shift lever is shifted from the R range to the D range during the reverse driving. On page 7, Applicant asserts that the examiner’s mentioning of Lim’s paragraph 30 during interview that includes different rotation directions for a motor depending on a gear position, requires a new ground rejection as it is not set forth in the office action. However, the examiner mentioned Lim’s paragraph 30 to indicate its capability of shifting a gear from a forward (D gear) stage to a reverse (R gear) stage or from the reverse stage to the forward stage by changing a rotational direction. Additionally, examiner cited paragraph 30 on page 3 of the non-final office action to teach a forward gear and a reverse gear, therefore it does not necessitate a new ground of rejection. Furthermore, paragraph 45, 46,49, and 50 of Lim, as discussed above, teaches the reversing of motor when shift lever is shifted from the D range to the R range during the forward driving, or when the shift lever is shifted from the R range to the D range during the reverse driving. Moreover, Lian supports Lim with its reverse brake means that rotates in reverse direction to generate a reverse torque that decelerates the vehicle to zero speed. The combination of Lim and Lian addresses the entire limitation, therefore the rejection is maintained. On page 7 and 8, applicant states Lim only discloses the reversing of motor rotation based on the gear shift position failing to disclose the specific situated mentioned in the claim language. However, as discussed above, paragraph 45, 46,49, and 50, Lim teaches the reversing of motor when shift lever is shifted from the D range to the R range during the forward driving, or when the shift lever is shifted from the R range to the D range during the reverse driving. On page 8, applicant asserts that dependent claims 2 and 3 should be withdrawn because they depend on claim 1. However, dependent clams 2 and 3 depend in claim 1 and the claim 1 remain rejected as shown in this section of the office action and the claims remain rejected as addressed in the non-final rejection. On page 8, applicant asserts that claim 5 rejection should be withdrawn for reasons analogous to those set forth in in claim 1. However, as shown in this section of the office action, reasons for the withdrawal for claim 1 rejection have not been found persuasive. Therefore, independent claim 5’s rejection is maintained. On page 8, applicant states that Habisohn fails to include the setting or the output torque of the motor to zero. However, as disclosed in the non-final office action, Habisohn on col.4 line 65, discloses the stopping of the forward rotation of the motor by disconnecting electric power which will set the forward torque to zero, and allowing the reverse torque to slow down and stop the vehicle. 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 1,2,3,5,6,7,8 and 9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Lim (US 20210131556 A1) (hereinafter Lim) in view of Lian (US 20180229610 A1) (hereinafter Lian) Regarding claim 1. An electrified vehicle, (Lim page 2 paragraph 31, the vehicle is a hybrid electric vehicle (HEV) and/or a plug-in hybrid electric vehicle);Comprising: a motor;( Lim page 2 para 32 Referring to FIG. 1, an apparatus for controlling shifting of a vehicle includes an engine 110, an engine clutch 120, a motor 130, a transmission) a transmission (Lim page 2 para 32 Referring to FIG. 1, an apparatus for controlling shifting of a vehicle includes an engine 110, an engine clutch 120, a motor 130, a transmission) that includes a forward gear and a reverse gear, (Lim page 1 para 30, a forward (D gear) stage to a reverse (R gear) stage) and that is configured to transmit output of the motor to drive wheels (Lim page 1 paragraph 7 transmission to transmit power generated from a motor to a vehicle wheel); and an electronic control unit; (Lim page 4 paragraph 59 Referring to FIG. 5, a computing system [which] may include at least one processor 1100, a memory) wherein the electronic control unit is configured to, while the motor is performing forward rotation, cause the electrified vehicle to travel forward when the forward gear is achieved, (Lim page 3 paragraph 44 When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction) and to cause the electrified vehicle to travel backward when the reverse gear is achieved, (Lim on page 2 paragraph 21 discloses, in reverse, a single reverse gear is selected, enabling the vehicle to move in a backward or reverse direction) wherein the electronic control unit is configured to, when the electrified vehicle is traveling, control the motor to perform forward rotation, (Lim page 3 paragraph 44, When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction such that the vehicle travels forward. In this case, the controller 150 controls the torque (motor torque) of the motor 130 to ‘+’ torque.) and wherein the electronic control unit is configured to allow shifting when the transmission is switched to the reverse gear while the electrified vehicle is traveling forward, (Lim page 1 para 8 The controller recognizes DR shifting of the shift lever through a shift lever position sensor, when a position of the shift lever is shifted from the D range to the R range during forward driving with a first gear or a second gear. The controller is configured to enter a LURCH control mode when sensing shifting of a shift lever between a D range and an R range during driving. Whilst on LURCH control mode, the controller maintains the motor torque before shifting the position of the shift lever, and the gear shifting may be smoothly implemented),and is configured to allow shifting when the transmission is switched to the forward gear while the electrified vehicle is traveling backward. (Lim page 1 para 9 The controller recognizes RD shifting of the shift lever through a shift lever position sensor, when a position of the shift lever is shifted from the R range to the D range during rearward driving. The controller is configured to enter a LURCH control mode when sensing shifting of a shift lever between a D range and an R range during driving. Whilst on LURCH control mode, the controller maintains the motor torque before shifting the position of the shift lever, and the gear shifting may be smoothly implemented) While Lim allows for traveling in a forward direction when in Drive and a reverse direction in Reverse, Lim fails to disclose an electronic control unit that is configured to allow reverse rotation in which the motor rotates in an opposite direction from the forward rotation. However, Lian which is in the same analogous art and that teaches about braking system for electric vehicle discloses a motor with a controller that is capable of the reverse rotation to allow deceleration of a vehicle. Lian discloses a controller which allow reverse rotation in which the motor rotates in an opposite direction from the forward rotation(page 2 paragraph 26, The reverse brake means that the current of the motor 6 is controlled to be reverse (the direction of the current of the motor 6 is opposite to the direction of the current producing the driving force by the motor 6 for the wheel 9), making the motor 6 to generate a reverse torque to hinder the wheel 9 from rotating, so as to make the rotational speed of the wheel 9 to decrease or to decrease to zero. page 5 paragraph 61 further discloses the brake torque T provided by the motor 6 may be allocated to the brake torque T′ of the hydraulic brake corresponding to the one or more wheels 9, and the motor controller 2 makes the motor 6 generate a reverse torque according to a current required by the motor 6, thus making the rotational speed of the wheel 9 decrease or decrease to zero, to achieve a brake effect.) Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teaching of Lim regarding the detection of forward and backward gear shifting while driving, with Lian’s reverse rotating motor. As disclosed in the claim’s specification, the motor outputs the reverse torque that acts in an opposite direction to the forward rotation to decelerate the vehicle to a stop. Lim’s deceleration mechanism does not teach the use of reversed motor rotation and creating reverse torque that stops vehicle, it instead reduces the vehicle speed produced by the motor before shifting the gear. But Lian discloses a motor which can rotate in opposite direction that can be used to output a reverse torque and cancel out the forward movement of a vehicle. Lim has a similar controller that senses and recognizes the shifting of a gear from forward to backward direction and vice versa during driving. After detecting the shifting, the controller enters LURCH control mode, which is similar to the fail-safe control of the present application. LURCH control mode initiates the slowing down of the vehicle for a gear change. When in LURCH control mode, the processor in the Lim’s controller reduces the speed of the motor and changing direction of torque for a smooth gear shifting. It would have obvious for a person of ordinary skill in the art to switch the motor of Lim with Lian, so that when there is a gear switch while driving, the LURCH control mode of Lin activates the controller of Lian to rotate the motor in reverse to generate a reverse torque so that the vehicle decelerates to a stop, and proceeds to the switching of the current gear. The combined teaching of Lim and Liam can have many advantages. For example, using reverse torque to stop and switch gear while driving prevents the driver from sudden startled or jolted feeling and allows a smoother transmission of gears. it is also possible to reduce brake wear due to overuse of brake plates that occur in tradition friction braking system that wear out brake plates quicker. In addition, using the reverse torque braking, it is possible to decrease energy consumption, as slowing or stopping a wheel with friction brake system takes a lot more energy than braking by a reverse rotation of a motor. Regarding claim 2, The combination of Lim and Lian discloses the electrified vehicle according to claim 1, wherein the electronic control unit (Lim discloses the electrified vehicle (page 2 paragraph 31, the vehicle is a hybrid electric vehicle (HEV) and/or a plug-in hybrid electric vehicle) with an electronic control unit in(page 4 paragraph 59 Referring to FIG. 5, a computing system woo may include at least one processor 1100, a memory) in claim 1) is configured to allow the reverse rotation of the motor until the electrified vehicle comes to a stop. (Lian page 2 paragraph 26, The reverse brake means that the current of the motor 6 is controlled to be reverse (the direction of the current of the motor 6 is opposite to the direction of the current producing the driving force by the motor 6 for the wheel 9), making the motor 6 to generate a reverse torque to hinder the wheel 9 from rotating, so as to make the rotational speed of the wheel 9 to decrease or to decrease to zero. page 5 paragraph 61 further discloses the brake torque T provided by the motor 6 may be allocated to the brake torque T′ of the hydraulic brake corresponding to the one or more wheels 9, and the motor controller 2 makes the motor 6 generate a reverse torque according to a current required by the motor 6, thus making the rotational speed of the wheel 9 decrease or decrease to zero, to achieve a brake effect.)) Regarding claim 3, the electrified vehicle according to claim 1, wherein the electronic control unit (Lim discloses the electrified vehicle with an electronic control unit in claim 1) is configured to perform control in which torque in a direction of reverse rotation is output from the motor when allowing the reverse rotation of the motor. (Lian page 2 paragraph 26, The reverse brake means that the current of the motor 6 is controlled to be reverse (the direction of the current of the motor 6 is opposite to the direction of the current producing the driving force by the motor 6 for the wheel 9), making the motor 6 to generate a reverse torque to hinder the wheel 9 from rotating, so as to make the rotational speed of the wheel 9 to decrease or to decrease to zero. page 5 paragraph 61 further discloses the brake torque T provided by the motor 6 may be allocated to the brake torque T′ of the hydraulic brake corresponding to the one or more wheels 9, and the motor controller 2 makes the motor 6 generate a reverse torque according to a current required by the motor 6, thus making the rotational speed of the wheel 9 decrease or decrease to zero, to achieve a brake effect.) Regarding claim 5, a control method of an electrified vehicle(page 3 paragraph 51, a method for controlling shifting of a vehicle) including a motor and a transmission(Lim page 2 para 32 Referring to FIG. 1, an apparatus for controlling shifting of a vehicle includes an engine 110, an engine clutch 120, a motor 130, a transmission) that includes a forward gear and a reverse gear(page 1 para 30, a forward (D gear) stage to a reverse (R gear) stage) and that is configured to transmit output of the motor to drive wheels(Lim page 1 paragraph 7 transmission to transmit power generated from a motor to a vehicle wheel), the control method comprising: causing the electrified vehicle to travel forward when the forward gear is achieved(Lim page 3 paragraph 44 When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction), and causing the electrified vehicle to travel backward when the reverse gear is achieved, while the motor is performing forward rotation; Lim on page 2 paragraph 21 discloses, in reverse, a single reverse gear is selected, enabling the vehicle to move in a backward or reverse direction controlling the motor to perform forward rotation when the electrified vehicle is traveling;( page 3 paragraph 44, When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction such that the vehicle travels forward. In this case, the controller 150 controls the torque (motor torque) of the motor 130 to ‘+’ torque.)) and allowing shift change when the transmission is switched to the reverse gear while the electrified vehicle is traveling forward, (Lim page 1 para 8 The controller recognizes DR shifting of the shift lever through a shift lever position sensor, when a position of the shift lever is shifted from the D range to the R range during forward driving with a first gear or a second gear. The controller is configured to enter a LURCH control mode when sensing shifting of a shift lever between a D range and an R range during driving. Whilst on LURCH control mode, the controller maintains the motor torque before shifting the position of the shift lever, and the gear shifting may be smoothly implemented) and allowing shift change when the transmission is switched to the forward gear while the electrified vehicle is traveling backward. (Lim page 1 para 9 The controller recognizes RD shifting of the shift lever through a shift lever position sensor, when a position of the shift lever is shifted from the R range to the D range during rearward driving. The controller is configured to enter a LURCH control mode when sensing shifting of a shift lever between a D range and an R range during driving. Whilst on LURCH control mode, the controller maintains the motor torque before shifting the position of the shift lever, and the gear shifting may be smoothly implemented) While Lim allows for traveling in a forward direction when in Drive and a reverse direction in Reverse, Lim fails to disclose an electronic control unit that allows a reverse rotation in which the motor rotates in an opposite direction from the forward rotation. However, Lian which is in the same analogous art and that teaches about braking system for electric vehicle discloses the above feature. Lian teaches about reverse rotation in which the motor rotates in an opposite direction from the forward rotation(page 2 paragraph 26, The reverse brake means that the current of the motor 6 is controlled to be reverse (the direction of the current of the motor 6 is opposite to the direction of the current producing the driving force by the motor 6 for the wheel 9), making the motor 6 to generate a reverse torque to hinder the wheel 9 from rotating, so as to make the rotational speed of the wheel 9 to decrease or to decrease to zero. page 5 paragraph 61 further discloses the brake torque T provided by the motor 6 may be allocated to the brake torque T′ of the hydraulic brake corresponding to the one or more wheels 9, and the motor controller 2 makes the motor 6 generate a reverse torque according to a current required by the motor 6, thus making the rotational speed of the wheel 9 decrease or decrease to zero, to achieve a brake effect.) Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teaching of Lim regarding the detection of forward and backward gear shifting while driving, with Lian’s reverse rotating motor. As disclosed in the claim’s specification, the motor outputs the reverse torque that acts in an opposite direction to the forward rotation to decelerate the vehicle to a stop. Lim’s deceleration mechanism does not teach the use of reversed motor rotation and creating reverse torque that stops vehicle, it instead reduces the vehicle speed produced by the motor before shifting the gear. But Lian discloses a motor which can rotate in opposite direction that can be used to output a reverse torque and cancel out the forward movement of a vehicle. Lim has a similar controller that senses and recognizes the shifting of a gear from forward to backward direction and vice versa during driving. After detecting the shifting, the controller enters LURCH control mode, which is similar to the fail-safe control of the present application. LURCH control mode initiates the slowing down of the vehicle for a gear change. When in LURCH control mode, the processor in the Lim’s controller reduces the speed of the motor and changing direction of torque for a smooth gear shifting. It would have obvious for a person of ordinary skill in the art to switch the motor of Lim with Lian, so that when there is a gear switch while driving, the LURCH control mode of Lin activates the controller of Lian to rotate the motor in reverse to generate a reverse torque so that the vehicle decelerates to a stop, and proceeds to the switching of the current gear. The combined teaching of Lim and Liam can have many advantages. For example, using reverse torque to stop and switch gear while driving prevents the driver from sudden startled or jolted feeling and allows a smoother transmission of gears. It is also possible to reduce brake wear due to overuse of brake plates that occur in tradition friction braking system that wear out brake plates quicker. In addition, using the reverse torque braking, it is possible to decrease energy consumption, as slowing or stopping a wheel with friction brake system takes a lot more energy than braking by a reverse rotation of a motor. Claims 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over Combination of Lim (US 20210131556 A1) (hereinafter Lim) in view of Lian (US 20180229610 A1) (hereinafter Lian) in further view of Habisohn (US 3716770 A) (hereinafter Habisohn) Regarding claim 4, The combination of Lim and Lian discloses the electrified vehicle according to claim 1, wherein the electronic control unit (Lim discloses the electrified vehicle (page 2 paragraph 31, the vehicle is a hybrid electric vehicle (HEV) and/or a plug-in hybrid electric vehicle) with an electronic control unit in(page 4 paragraph 59 Referring to FIG. 5, a computing system woo may include at least one processor 1100, a memory) in claim 1) While the combination of Lim and Lian disclose a controller that allows rotating of the motor in reverse to generate a reverse torque so that the vehicle decelerates to a stop, it specifically does not disclose a controller that is configured to allow the reverse rotation of the motor by setting output torque of the motor to zero. However, Habisohn, which teaches about motor control system discloses the stopping of forward motor torque to a zero. It details about a motor that is configured to allow the reverse rotation of the motor by setting output torque of the motor to zero (On page 3 paragraph 34, To stop or reverse the rotation of motor means 12, a counter torque is gradually applied to slowly reduce the speed of the motor means, until the motor means is at substantially zero speed (zero torque). At that time, the electrical power may be disconnected to completely stop the motor; or in the alternative, the counter torque may be permitted to accelerate and cause reversal of the motor rotation) Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Lim and Lian to incorporate Habisohn. Habisohn’s teaching of stopping the rotation of the motor by disconnecting the power to the motor implies setting a zero output for the forward torque generated by the motor. Which allows the counter torque being permitted to accelerate and cause reversal of the motor rotation. By first reducing the forward torque to zero, the motor’s momentum can safely decrease, allowing the reverse torque to balance out the inertia of the forward torque and start rotation in the opposite direction. Setting the output of the torque to zero before a reverse rotation of the motor reduces the mechanical stress that could be generated in the gears of the transmission and prevent a damage to electrical circuits of the system. Regarding claim 6, The combination of Lim and Lian discloses the electrified vehicle according to claim 1(Lim discloses the electrified vehicle with an electronic control unit in claim 1), wherein the electronic control unit is configured to disable malfunction determination(According to the specification, malfunctioning can occur when switching to the reverse gear while the electrified vehicle is travelling forward and performing reverse rotation in which the motor generator rotates in the opposite direction as to the forward rotation during normal control. And the ECU, which is the malfunctioning determiner, determines that the system is malfunctioning. Disabling this malfunction determiner means allowing reverse rotation of the motor while the vehicle is traveling forward, or the allowing of the of the motor to rotate forward while the vehicle is moving backward. Similarly, Lim’s LURCH control mode allows the transmission of forward gear to reverse gear during driving by reversing the rotation direction of the motor or vice versa. Therefore, the purpose of disabling malfunction determiner and the Lurch control mode of Lim is similar which is allowing the reverse rotation without causing failure in the system.) in response to the transmission switching to the reverse gear while the electrified vehicle is travelling forward(Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the DR clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘+’ torque, and decelerates the vehicle speed by controlling a rotational speed (that is, the motor speed) of the motor 130. Lim, paragraph, 46 When the vehicle speed reaches 0 kph, the controller 150 converts the motor torque to ‘−’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the forward direction to the reverse direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the reverse direction, the vehicle travels backward). Regarding claim 7, The combination of Lim and Lian discloses the electrified vehicle according to claim 1(Lim discloses the electrified vehicle with an electronic control unit in claim 1), wherein the electronic control unit is configured to disable malfunction determination(According to the specification, malfunctioning can occur when switching to the reverse gear while the electrified vehicle is travelling forward and performing reverse rotation in which the motor generator rotates in the opposite direction as to the forward rotation during normal control. And the ECU, which is the malfunctioning determiner, determines that the system is malfunctioning. Disabling this malfunction determiner means allowing reverse rotation of the motor while the vehicle is traveling forward, or the allowing of the of the motor to rotate forward while the vehicle is moving backward. Similarly, Lim’s LURCH control mode allows the transmission of forward gear to reverse gear during driving by reversing the rotation direction of the motor or vice versa. Therefore, the purpose of disabling malfunction determiner and the Lurch control mode of Lim is similar which is allowing the reverse rotation without causing failure in the system.) in response to the transmission switching to the forward gear while the electrified vehicle is travelling backward(Lim, paragraph 49, The controller 150 enters the RD LURCH control mode when the shift lever is shifted from the R range to the D range during the reverse driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the RD clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘−’ torque, and decelerates the vehicle speed by reducing the rotational speed of the motor 130. Lim, paragraph 50, When the vehicle speed is reduced to 0 kph, the controller 150 changes the motor torque from ‘−’ torque to ‘+’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the rearward direction to the forward direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the forward direction, the vehicle travels forward ). Regarding claim 8, The combination of Lim and Lian discloses the electrified vehicle according to claim 1(Lim discloses the electrified vehicle with an electronic control unit in claim 1), wherein the electronic control unit is configured to disable malfunction determination(According to the specification, malfunctioning can occur when switching to the reverse gear while the electrified vehicle is travelling forward and performing reverse rotation in which the motor generator rotates in the opposite direction as to the forward rotation during normal control. And the ECU, which is the malfunctioning determiner, determines that the system is malfunctioning. Disabling this malfunction determiner means allowing reverse rotation of the motor while the vehicle is traveling forward, or the allowing of the of the motor to rotate forward while the vehicle is moving backward. Similarly, Lim’s LURCH control mode allows the transmission of forward gear to reverse gear during driving by reversing the rotation direction of the motor or vice versa. Therefore, the purpose of disabling malfunction determiner and the Lurch control mode of Lim is similar which is allowing the reverse rotation without causing failure in the system.) in response to the transmission switching to the reverse gear while the electrified vehicle is travelling forward and detection of engagement of a clutch(Lim’s teaching of changing driving modes based on the engagement or disengagement of engine clutch indicates its capability of detecting the of engagement of clutch. Lim, paragraph 39, The controller 150 may change the driving mode through engagement or disengagement of the engine clutch 120. Lim, paragraph 44, When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction such that the vehicle travels forward. In this case, the controller 150 controls the torque (motor torque) of the motor 130 to ‘+’ torque. Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the DR clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘+’ torque, and decelerates the vehicle speed by controlling a rotational speed (that is, the motor speed) of the motor 130. Lim, paragraph, 46 When the vehicle speed reaches 0 kph, the controller 150 converts the motor torque to ‘−’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the forward direction to the reverse direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the reverse direction, the vehicle travels backward). Regarding claim 9, The combination of Lim and Lian discloses the electrified vehicle according to claim 1(Lim discloses the electrified vehicle with an electronic control unit in claim 1), wherein the electronic control unit is configured to disable malfunction determination(According to the specification, malfunctioning can occur when switching to the reverse gear while the electrified vehicle is travelling forward and performing reverse rotation in which the motor generator rotates in the opposite direction as to the forward rotation during normal control. And the ECU, which is the malfunctioning determiner, determines that the system is malfunctioning. Disabling this malfunction determiner means allowing reverse rotation of the motor while the vehicle is traveling forward, or the allowing of the of the motor to rotate forward while the vehicle is moving backward. Similarly, Lim’s LURCH control mode allows the transmission of forward gear to reverse gear during driving by reversing the rotation direction of the motor or vice versa. Therefore, the purpose of disabling malfunction determiner and the Lurch control mode of Lim is similar which is allowing the reverse rotation without causing failure in the system.) in response to the transmission switching to the forward gear while the electrified vehicle is travelling backward and detection of engagement of a clutch(Lim’s teaching of changing driving modes based on the engagement or disengagement of engine clutch indicates its capability of detecting the of engagement of clutch. Lim, paragraph 48, When the shift lever is shifted from the P range to the R range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the backward direction such that the motor 130 travels rearward. The controller 150 controls the motor torque to the ‘−’ torque. Lim, paragraph 49, The controller 150 enters the RD LURCH control mode when the shift lever is shifted from the R range to the D range during the reverse driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the RD clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘−’ torque, and decelerates the vehicle speed by reducing the rotational speed of the motor 130. Lim, paragraph 50, When the vehicle speed is reduced to 0 kph, the controller 150 changes the motor torque from ‘−’ torque to ‘+’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the rearward direction to the forward direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the forward direction, the vehicle travels forward). Claims 10 and 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over Lim (US 20210131556 A1) (hereinafter Lim) in view of Lian (US 20180229610 A1) (hereinafter Lian) in further view of Miyano (WO 2021065530 A1 )(hereinafter Miyano). Regarding claim 10, An electrified vehicle(Lim page 2 paragraph 31, the vehicle is a hybrid electric vehicle (HEV) and/or a plug-in hybrid electric vehicle), comprising: a motor(Lim page 2 para 32 Referring to FIG. 1, an apparatus for controlling shifting of a vehicle includes an engine 110, an engine clutch 120, a motor 130, a transmission); a transmission(Lim page 2 para 32 Referring to FIG. 1, an apparatus for controlling shifting of a vehicle includes an engine 110, an engine clutch 120, a motor 130, a transmission) that includes a forward gear and a reverse gear(Lim page 1 para 30, a forward (D gear) stage to a reverse (R gear) stage), and that is configured to transmit output of the motor to drive wheels(Lim page 1 paragraph 7 transmission to transmit power generated from a motor to a vehicle wheel); and an electronic control unit(Lim page 4 paragraph 59 Referring to FIG. 5, a computing system [which] may include at least one processor 1100, a memory); wherein the electronic control unit is configured to, while the motor is performing forward rotation, cause the electrified vehicle to travel forward when the forward gear is achieved(Lim page 3 paragraph 44 When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction), and to cause the electrified vehicle to travel backward when the reverse gear is achieved(Lim on page 2 paragraph 21 discloses, in reverse, a single reverse gear is selected, enabling the vehicle to move in a backward or reverse direction), wherein the electronic control unit is configured to, when the electrified vehicle is traveling, control the motor to perform forward rotation(Lim page 3 paragraph 44, When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction such that the vehicle travels forward. In this case, the controller 150 controls the torque (motor torque) of the motor 130 to ‘+’ torque.), wherein the electronic control unit is configured to disable the malfunction determination(As discussed above, the disabling of malfunction determination allows the reverse rotation of the motor which Lim’s Lurch control mode allows. Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving. The controller 150 maintains the clutch torque of the first clutch 141 when entering the DR clutch control mode. In addition, the controller 150 maintains the motor torque of the motor 130 to ‘+’ torque, and decelerates the vehicle speed by controlling a rotational speed (that is, the motor speed) of the motor 130. Lim, paragraph, 46 When the vehicle speed reaches 0 kph, the controller 150 converts the motor torque to ‘−’ torque through torque intervention control. In other words, the controller 150 changes the rotational direction of the motor 130 from the forward direction to the reverse direction. Thereafter, the controller 150 accelerates the vehicle speed by increasing the rotational speed of the motor 130. In other words, as the motor 130 rotates in the reverse direction, the vehicle travels backward) in response to (i) detection of the transmission being switched to the reverse gear while the electrified vehicle is traveling forward(Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving) ; or (ii) detection of the transmission being switched to the forward gear while the electrified vehicle is traveling backward(Lim, paragraph 49,The controller 150 enters the RD LURCH control mode when the shift lever is shifted from the R range to the D range during the reverse driving.). While the combination of Lim and Lian teaches about.. and allowing the reverse rotation of motor when detecting of shifting of transmission from forward to reverse or vice versa during driving, it specifically fails to disclose a system wherein the electronic control unit is configured to perform a malfunction determination in response to reverse rotation of the motor, and reverse rotation of the motor is rotation of the motor in an opposite direction from the forward rotation. However, Miyano, which is in the same analogous art and that teaches about shift range control device discloses a system wherein the electronic control unit is configured to perform a malfunction determination in response to reverse rotation of the motor(As disclosed in the paragraph 32 of specification, malfunction is determined when reverse rotation of the motor is detected. Similarly, Miyano discloses the detection of a motor rotating in reverse, which implies malfunction detection. Miyano, paragraph 60, the reversal determination unit 55 detects the reversal of the motor 10.), and reverse rotation of the motor is rotation of the motor in an opposite direction from the forward rotation(Miyano, paragraph 21, The reversal determination unit 55 determines the reversal of the rotor of the motor 10 based on the encoder count value θen. Hereinafter, the reversal of the rotor of the motor 10 is simply referred to as "motor reversal". In the present embodiment, the rotation direction of the motor 10 is opposite to that at the time of feedback control, which is referred to as "motor reversal".). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lim and Lian with Miyano’s detection of reverse motor rotation to determine the malfunction of the motor. Lim discloses allowing the reverse or forward rotation of the motor when detecting the gear has changed from D range to R range while driving or forward or vice versa. But Lim fails to specifically disclose the detection of the reverse rotation of a motor before a gear shift. However, Miyano has a motor reversal determiner that detects the reverse rotation of a motor, which addresses Lim’s deficiency. By detecting the reverse rotation of the motor, it is possible to disable the malfunction determination(allow reverse rotation in the Lurch control mode) when there is an opposite gear shift during driving. Permitting of the reversing of the motor helps the motor generate torque needed to cancel out the inertial force and decelerate the vehicle to a stop, so that the desired gear can be achieved. Regarding claim 12, the combination of Lim, Lian, and Miyano teaches the electrified vehicle according to claim 10(Lim page 2 paragraph 31, the vehicle is a hybrid electric vehicle (HEV) and/or a plug-in hybrid electric vehicle; Miyano , paragraph 60, the reversal determination unit ), wherein the electronic control unit is configured to determine whether a clutch is engaged prior to disabling the malfunction determination(Lim’s engagement of the clutch leads to the forward/backward movement. While in forward movement and the shift lever is switched to a reverse gear or vice versa, the vehicle enters Lurch control mode, which implies the engagement of the clutch. Additionally, as discussed above, the disabling of the malfunction determiner allows the reverse rotation of motor similar to the Lurch control mode of Lim. Lim, paragraph 39, The controller 150 may change the driving mode through engagement or disengagement of the engine clutch 120. Lim, paragraph 44, When the shift lever is shifted from the P range to the D range in the stop state, the controller 150 couples the first gear to the first transmission input shaft and engages and drives the first clutch 141. In addition, the controller 150 drives (rotates) the motor 130 in the forward direction such that the vehicle travels forward. In this case, the controller 150 controls the torque (motor torque) of the motor 130 to ‘+’ torque. Lim, paragraph 45, The controller 150 enters the DR LURCH control mode when the shift lever is shifted from the D range to the R range during the forward driving.). Claims 11 is rejected under 35 U.S.C. 103(a) as being unpatentable over Lim (US 20210131556 A1) (hereinafter Lim) in view of Lian (U
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Prosecution Timeline

Apr 05, 2023
Application Filed
Apr 17, 2025
Non-Final Rejection — §103
Jun 17, 2025
Applicant Interview (Telephonic)
Jun 17, 2025
Examiner Interview Summary
Jul 01, 2025
Response Filed
Sep 05, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 3 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+14.3%)
2y 3m
Median Time to Grant
Moderate
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