DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 13-17, 22 and 32 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14-19 and 27 of copending Application No. 18/310,373 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is in essence a species of the generic claims of the copending application 18/310,373.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 13-15, 18-21 and 32 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Tsuchizawa et al (US Pub 2018/0215432).
Regarding claim 13, Tsuchizawa teaches a drive device 12 (Fig 1 para 0036) for a bicycle 10 (Fig 1 para 0036), comprising:
a transmission (“In one example, the CVT mechanism includes a planetary mechanism that includes an input body, an output body, and a transmission body. Rotation of the transmission body continuously changes the transmission ratio r.” para 0038) [with multiple gears] (“…the shifting action includes an action that changes the coupling state of gears included in a planetary gear mechanism located in the shifting device 22.” para 0038 ) and a driven shaft (“The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” (Emphasis added) para 0036) the multiple gears are adjustable by a shifting device 22,28,S (Fig 1, para 0038) the driven shaft (“The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” (Emphasis added) para 0036) is configured to be operatively connected to a driving wheel (“The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown).” para 0036 ) of the bicycle 10 (Fig 1) [via a flexible traction drive mechanism (chain element para 0036)] (“The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown). The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” Emphasis added para 0036 );
a pedal crankshaft 12B (Fig 1 para 0036) with a pedal crank 12C (Fig 1 para 0036) for introducing drive power of a cyclist into the transmission, the pedal crankshaft 12B (Fig 1 para 0036) [operatively connected to the driven shaft] (“The crank 12A includes a crankshaft 12B and crank arms 12C. The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown). The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” para 0036);
an electric machine 24 (Fig 1 para 0039) [with a rotor shaft for introducing drive power of the electric machine into the transmission (CVT mechanism para 0038) ](“The motor 24 assists propulsion of the bicycle 10. The motor 24 includes an electric motor. The motor 24 is provided to transmit rotation to a manual driving force transmission path extending from the pedals 12D to the rear wheel.” para 0039), [the rotor shaft operatively connectable to the driven shaft via a freewheel unit] (“In one example, the motor 24 is coupled to a driving force transmission path that extends from the crankshaft 12B to the front rotary body 12E. It is preferred that a one-way clutch be provided in a driving force transmission path that extends between the motor 24 and the crankshaft 12B so that the motor 24 will not be rotated by rotation force of the crank in a case where the crankshaft 12B is rotated in a direction in which the bicycle 10 moves forward.” para 0039) the freewheel unit [configured to decouple the driven shaft from the rotor shaft when a rotational speed of the driven shaft is greater than a rotational speed of the rotor shaft] (“It is preferred that a one-way clutch be provided in a driving force transmission path that extends between the motor 24 and the crankshaft 12B so that the motor 24 will not be rotated by rotation force of the crank in a case where the crankshaft 12B is rotated in a direction in which the bicycle 10 moves forward.” para 0039) ;
means for detecting a crank angle 36 (Fig 1, para 0043) and [a rotational speed of the pedal crankshaft and generating sensor data corresponding to the crank angle and the rotational speed of the pedal crankshaft] (“The crank rotation sensor 36 can detect the rotational speed N of the crank in addition to the rotational angle CA of the crank. The rotational speed N of the crank can be detected using any one of the output of the first element 36A, the output of the second element 36B, and the output of the magnetic sensor.” para 0044);
means for detecting a rotational speed of the driven shaft speed sensor 38 (Fig 1, para 0045) and [generating sensor data corresponding to the rotational speed of the driven shaft] (“The vehicle speed sensor 38 transmits a signal to the electronic controller 52…” para 0045 );
means for detecting a rotational speed of the rotor shaft 34 (Fig 1 para 0042) and generating [sensor data corresponding to the rotational speed of the rotor shaft] (“The torque sensor 34 can be provided between the crankshaft 12B and the front rotary body 12E.” para 0042) ; and
a control device 52 (Fig 1, para 0048) configured to process the sensor data and control, by way of an open-loop system, [a downshift from a currently engaged gear into a next-smaller gear as a function of the sensor data by energizing the electric machine] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM. In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM to less than or equal to a limit value DTM” para 0049).
Regarding Claim 14, Tsuchizawa anticipates the drive device 12 (Fig 1) of claim 13, wherein the means for detecting the crank angle and the rotational speed of the pedal crankshaft comprises a first sensor 36 (Fig 1, paras 0043 and 0044) [rotationally fixed to the pedal crankshaft 12B (Fig 1) ] (“The crank rotation sensor 36 includes a first element 36A, which detects the magnetic field of a first magnet M1... The first magnet M1 is provided on one of the crankshaft 12B and the crank arms 12C coaxially with the crankshaft 12B.”, para 0043).
Regarding Claim 15, Tsuchizawa anticipates the drive device 12 (Fig 1) of claim 13 wherein the means for detecting the rotational speed of the driven shaft comprises at least a second sensor 38 (Fig 1 para 0045) rotationally fixed to the driven shaft (“The vehicle speed sensor 38 transmits a signal to the electronic controller 52 in correspondence with a change in the relative position between a magnet (not shown) attached to the rear wheel and the vehicle speed sensor 38.” para 0045).
Regarding Claim 18, Tsuchizawa anticipates a method for the open-loop control of the drive device 12 (Fig 1 para 0036) of claim 13, comprising:
when the downshift from the currently engaged gear into the next-smaller gear is requested, [reducing an energization of the electric machine 24 (Fig 1 para 0039)] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM.” para 0049 ) [in a range from at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching a dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048 ) at least such that [the rotational speed of the rotor shaft is less than the rotational speed of the driven shaft] (“If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.”, para 0063 see also Figure 3 for the step flow chart) ; [disengaging the currently engaged gear when the rotational speed of the pedal crankshaft is less than the rotational speed of the driven shaft] (See S26 Figure 3, “In step S26, the electronic controller 52 starts the shifting action of the shifting device 22 so that the transmission ratio r is changed to the target shift stage stored in the memory device 54.” para 0063); after the dead center of the pedal crank 12C (Fig 1 para 0036) has been exceeded, [energizing the electric machine 24 (Fig 1 para 0039) such that the rotational speed of the rotor shaft approaches a target rotational speed for the next-smaller gear] (S28 Figure 3, “If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.” para 0064); and [engaging the next-smaller gear when the target rotational speed for the next- smaller gear is reached] (“The electronic controller 52 determines whether or not the transmission ratio r is appropriately changed in accordance with the actuation state of the shifting device 22, which is detected based on an output of the shifting state detection device 40, and an estimated rotational speed NA of the crank, which is calculated based on the rotational speed N of the crank and the transmission ratio r (reference transmission ratio Tr) corresponding to each shift stage.” Para 0050).
Regarding Claim 19, Tsuchizawa anticipates the method of claim 18, further comprising [stopping the energization of the electric machine 24 (Fig 1 para 0039)] (“the electronic controller 52 reduces the motor output TM to less than or equal to a limit value DTM.” para 0049 and “If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.” Para 0063) in the range from [at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching the dead center] (“The electronic controller 52 controls the electric actuator 28. The electronic controller 52 actuates the shifting device 22 in a state where the rotational angle CA of the crank 12A is in a predetermined range.” and “…it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center” emphasis added para 0045- note that the range “one degree to forty-five degrees prior to the pedal crank is included in the +45 degree range from the top dead center of the crank device”).
Regarding Claim 20, Tsuchizawa anticipates the method of claim 18, wherein the energization of the electric machine 24 (Fig 1 para 0039) after the pedal crank 12C (Fig 1 para 0036) has exceeded the dead center essentially corresponds to the energization of the electric machine 24 (Fig 1 para 0039) prior to the reduction of the energization (“…which is used in the execution of the shifting action, and information related to the first time SA.” Emphasis added SA is the first time shifting action, para 0049 and “In step S27, the electronic controller 52 determines whether or not the first time SA has elapsed…The electronic controller 52 repeats the determination of step S27 until the first time SA elapses. If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.”, para 0064- after the first shifting action occurs, when the proper angle is determined, then the motor is reenergized before the next shifting action occurs) .
Regarding Claim 21, Tsuchizawa anticipates a control device 52 (Fig 1, para 0048), programmed to implement the method of claim 18 (See claim 18 above).
Regarding Claim 32, Tsuchizawa anticipates a bicycle 10 (Fig 1 para 0036) comprising the drive device 12 (Fig 1 para 0036) of claim 13, wherein [the drive device 12 (Fig 1 para 0036) is operatively connected to the driving wheel of the bicycle 10 (Fig 1 para 0036) via the flexible traction drive mechanism] (“The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft” para 0036).
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.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchizawa et al (US 2018/0215432) in view of Honda et al (US 20210078660 A1).
Regarding Claim 16, Tsuchizawa teaches the drive device 12 (Fig 1) of claim 13.
Tsuchizawa does not teach wherein the means for detecting the rotational speed of the rotor shaft comprises at least a third sensor (13) rotationally fixed to the rotor shaft (8).
Honda teaches [the means for detecting the rotational speed of the rotor shaft comprises at least a third sensor] (“The motor rotation sensor 62 is configured to detect information corresponding to a rotational speed of the motor 40 that applies propulsion force to the human-powered vehicle 10.” para 0096) rotationally fixed to the rotor shaft (“The motor rotation sensor 62 is provided on the motor 40…the motor rotation sensor 62 can be configured to detect a rotational speed of a rotational body of the speed reducer.”, para 0096).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the third motor sensor of Honda with the drive device of Tsuchizawa with a reasonable expectation of success because it would allow for additional information for the control unit to operate and adjust the motor as needed. By including the third sensor to measure the speed of the rotor shaft, the control unit has more information to control the motor and drive device.
Regarding Claim 17, Tsuchizawa teaches a drive device 12 (Fig 1 para 0036) for a bicycle 10 (Fig 1 para 0036), comprising:
a transmission (“In one example, the CVT mechanism includes a planetary mechanism that includes an input body, an output body, and a transmission body. Rotation of the transmission body continuously changes the transmission ratio r.” para 0038) [with multiple gears] (“…the shifting action includes an action that changes the coupling state of gears included in a planetary gear mechanism located in the shifting device 22.” para 0038 ) and a driven shaft (“The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” (Emphasis added) para 0036) the multiple gears are adjustable by a shifting device 22,28,S (Fig 1, para 0038) the driven shaft (“The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” (Emphasis added) para 0036) is configured to be operatively connected to a driving wheel (“The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown).” para 0036 ) of the bicycle 10 (Fig 1) [via a flexible traction drive mechanism (chain element para 0036)] (“The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown). The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” Emphasis added para 0036 );
a pedal crankshaft 12B (Fig 1 para 0036) with a pedal crank 12C (Fig 1 para 0036) for introducing drive power of a cyclist into the transmission (2), the pedal crankshaft 12B (Fig 1 para 0036) [operatively connected to the driven shaft] (“The crank 12A includes a crankshaft 12B and crank arms 12C. The drive mechanism 12 transmits a manual driving force, which is applied to the pedals 12D, to a rear wheel (not shown). The drive mechanism 12 is configured to transmit rotation of the crank 12A to the rear wheel, for example, via a chain, a belt, or a shaft (not shown).” para 0036);
an electric machine 24 (Fig 1 para 0039) [with a rotor shaft for introducing drive power of the electric machine into the transmission (CVT mechanism para 0038) ](“The motor 24 assists propulsion of the bicycle 10. The motor 24 includes an electric motor. The motor 24 is provided to transmit rotation to a manual driving force transmission path extending from the pedals 12D to the rear wheel.” para 0039), [the rotor shaft operatively connectable to the driven shaft via a freewheel unit] (“In one example, the motor 24 is coupled to a driving force transmission path that extends from the crankshaft 12B to the front rotary body 12E. It is preferred that a one-way clutch be provided in a driving force transmission path that extends between the motor 24 and the crankshaft 12B so that the motor 24 will not be rotated by rotation force of the crank in a case where the crankshaft 12B is rotated in a direction in which the bicycle 10 moves forward.” para 0039) the freewheel unit [configured to decouple the driven shaft from the rotor shaft when a rotational speed of the driven shaft is greater than a rotational speed of the rotor shaft] (“It is preferred that a one-way clutch be provided in a driving force transmission path that extends between the motor 24 and the crankshaft 12B so that the motor 24 will not be rotated by rotation force of the crank in a case where the crankshaft 12B is rotated in a direction in which the bicycle 10 moves forward.” para 0039) ;
a first sensor 36 (Fig 1, paras 0043 and 0044) [for detecting a crank angle and a rotational speed of the pedal crankshaft] (“The crank rotation sensor 36 can detect the rotational speed N of the crank in addition to the rotational angle CA of the crank. The rotational speed N of the crank can be detected using any one of the output of the first element 36A, the output of the second element 36B, and the output of the magnetic sensor.” para 0044 ) and [generating sensor data corresponding to the crank angle and the rotational speed of the pedal crankshaft] (“The crank rotation sensor 36 can detect the rotational speed N of the crank in addition to the rotational angle CA of the crank. The rotational speed N of the crank can be detected using any one of the output of the first element 36A, the output of the second element 36B, and the output of the magnetic sensor.” para 0044);
a second sensor 38 (Fig 1, para 0045) [for detecting a rotational speed of the driven shaft] (“The vehicle speed sensor 38 detects a rotational speed V of a wheel.” para 0045) and [generating sensor data corresponding to the rotational speed of the driven shaft] (“The vehicle speed sensor 38 transmits a signal to the electronic controller 52…” para 0045 );
a control device 52 (Fig 1, para 0048) configured to process the sensor data and control, by way of an open-loop system, [a downshift from a currently engaged gear into a next-smaller gear as a function of the sensor data by energizing the electric machine] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM. In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM to less than or equal to a limit value DTM” para 0049).
Tsuchizawa does not teach a third sensor for detecting a rotational speed of the rotor shaft and generating sensor data corresponding to the rotational speed of the rotor shaft.
Honda teaches a third sensor 62 (Fig 2 para 0096) for detecting [a rotational speed of the rotor shaft and generating sensor data corresponding to the rotational speed of the rotor shaft] (“The motor rotation sensor 62 is configured to detect information corresponding to a rotational speed of the motor 40 that applies propulsion force to the human-powered vehicle 10.” para 0096).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the third motor sensor of Honda with the drive device of Tsuchizawa with a reasonable expectation of success because it would allow for additional information for the control unit to operate and adjust the motor as needed. By including the third sensor to measure the speed of the rotor shaft, the control unit has more information to control the motor and drive device.
Claims 22-31 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchizawa et al (US 2018/0215432) in view of Marberger (EP 3536595-Machine Translation of Description provided in present OA).
Regarding Claim 22, Tsuchizawa teaches a method for the open-loop control of the drive device 12 (Fig 1 para 0036) of claim 13, comprising:
when the downshift from the currently engaged gear into the next-smaller gear is requested, [reducing an energization of the electric machine 24 (Fig 1 para 0039)] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM.” para 0049 ) [in a range from at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching a dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048 ) at least such that [the rotational speed of the rotor shaft is lower than the rotational speed of the driven shaft] (“If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.”, para 0063 see also Figure 3 for the step flow chart);
again [reducing the energization of the electric machine 24 (Fig 1 para 0039)] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM.” para 0049 ) [in a range from at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching a dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048 ) at least such that [the rotational speed of the rotor shaft is lower than the rotational speed of the driven shaft] (“If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.”, para 0063 see also Figure 3 for the step flow chart) and [that in a range from at least forty-five degrees up to at most ninety degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching a next dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048) the rotational speed of the driven shaft increases.
[disengaging the currently engaged gear when the rotational speed of the pedal crankshaft is less than the rotational speed of the driven shaft] (See S26 Figure 3, “In step S26, the electronic controller 52 starts the shifting action of the shifting device 22 so that the transmission ratio r is changed to the target shift stage stored in the memory device 54.” para 0063);
after the dead center of the pedal crank 12C (Fig 1 para 0036) has been exceeded, [energizing the electric machine 24 (Fig 1 para 0039) such that the rotational speed of the rotor shaft approaches a target rotational speed for the next-smaller gear] (S28 Figure 3, “If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.” para 0064); and [engaging the next-smaller gear when the target rotational speed for the next- smaller gear is reached] (“The electronic controller 52 determines whether or not the transmission ratio r is appropriately changed in accordance with the actuation state of the shifting device 22, which is detected based on an output of the shifting state detection device 40, and an estimated rotational speed NA of the crank, which is calculated based on the rotational speed N of the crank and the transmission ratio r (reference transmission ratio Tr) corresponding to each shift stage.” Para 0050).
Tsuchizawa does not teach when the rotational speed of the pedal crankshaft is greater than the rotational speed of the driven shaft, energizing the electric machine 24 (Fig 1 para 0039) such that the rotational speed of the driven shaft increases.
Marberger teaches when [the rotational speed of the pedal crankshaft is greater than the rotational speed of the driven shaft, energizing the electric machine 111 (Figs 1 and 2 paras 0015 and 0017)] (“A regulation 390 of the electric motor 111 becomes dependent on the detected speed v .sub.is and the target speed performed... By the regulation 390 of the electric motor 111, furthermore, the current speed of the electric bicycle 100 is preferably adjusted continuously until the set speed is reached…” para 0017) such that the [rotational speed of the driven shaft increases] (“Further, the current speed of the electric bicycle 100 preferably adjusted continuously until reaching the desired speed.” para 0017 – further, with how the bicycle is structured an increase in either manual power or motor power would increase the overall speed of the driven shaft (assigned to the rear wheel) while the bicycle is in motion.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the motor speed increase step of Marberger with the drive device of Tsuchizawa with a reasonable expectation of success because it would allow for the shafts of the pedal crank and of the motor to match speed before attempting to shift the bicycle gear. By including the step to increase the motor speed to match the speed of the rotor shaft and the crankshaft, the gearshift mechanism is less likely to skip a gear or malfunction due to a mismatch in gear meshing.
Regarding Claim 23, Tsuchizawa fully teaches the method of claim 22, further comprising [stopping the energization of the electric machine 24 (Fig 1 para 0039)] (“the electronic controller 52 reduces the motor output TM to less than or equal to a limit value DTM.” para 0049 and “If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.” Para 0063) in the range from [at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching the dead center] (“The electronic controller 52 controls the electric actuator 28. The electronic controller 52 actuates the shifting device 22 in a state where the rotational angle CA of the crank 12A is in a predetermined range.” and “…it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center” emphasis added para 0045- note that the range “one degree to forty-five degrees prior to the pedal crank is included in the +45 degree range from the top dead center of the crank device”).
Regarding Claim 24, Tsuchizawa fully teaches the method of claim 22, wherein the energization of the electric machine 24 (Fig 1 para 0039) after the pedal crank 12C (Fig 1 para 0036) has exceeded the dead center essentially corresponds to the energization of the electric machine 24 (Fig 1 para 0039) prior to the reduction of the energization (“…which is used in the execution of the shifting action, and information related to the first time SA.” Emphasis added SA is the first time shifting action, para 0049 and “In step S27, the electronic controller 52 determines whether or not the first time SA has elapsed…The electronic controller 52 repeats the determination of step S27 until the first time SA elapses. If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.”, para 0064- after the first shifting action occurs, when the proper angle is determined, then the motor is reenergized before the next shifting action occurs) .
Regarding Claim 25, Tsuchizawa and Marberger teach the method of claim 22, wherein the [energization of the electric machine] Marberger-111 (Figs 1 and 2 paras 0015 and 0017) (“A regulation 390 of the electric motor 111 becomes dependent on the detected speed v .sub.is and the target speed performed... By the regulation 390 of the electric motor 111, furthermore, the current speed of the electric bicycle 100 is preferably adjusted continuously until the set speed is reached…” para 0017) is [increased in a range from at least forty-five degrees up to at most ninety degrees prior to the pedal crank Tsuchizawa-12C (Fig 1 para 0036) reaching a next dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048)
Tsuchizawa and Marberger do not explicitly teach the motor increases by at least twenty percent. However, it would have been obvious for a skilled artisan to routinely optimize the motor so that the motor output increases by “at least twenty percent”. The result-effective variable of increasing the motor-output would allow for improved performance of the crankshaft since the motor output is directly attached to the crankshaft output. By matching those speeds, the gears are more likely to mesh when a gear shift occurs and would be less likely to jam or incorrectly shift while the bicycle is in motion.
Regarding Claim 26, Tsuchizawa fully teaches a control device 52 (Fig 1, para 0048), programmed to implement the method of claim 22 (See claim 22 above).
Regarding claim 27, Tsuchizawa teaches a method for the open-loop control of the drive device 12 (Fig 1 para 0036) of claim 13, comprising:
[reducing the energization of the electric machine 24 (Fig 1 para 0039)] (“In a case where the shifting device 22 performs the shifting action, the electronic controller 52 reduces the motor output TM.” para 0049 ) [in a range from at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching a dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048 ) at least such that [the rotational speed of the rotor shaft is lower than the rotational speed of the driven shaft] (“If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.”, para 0063 see also Figure 3 for the step flow chart);
[disengaging the currently engaged gear when the rotational speed of the pedal crankshaft is less than the rotational speed of the driven shaft] (See S26 Figure 3, “In step S26, the electronic controller 52 starts the shifting action of the shifting device 22 so that the transmission ratio r is changed to the target shift stage stored in the memory device 54.” para 0063); after the dead center of the pedal crank 12C (Fig 1 para 0036) has been exceeded, [energizing the electric machine 24 (Fig 1 para 0039) such that the rotational speed of the rotor shaft approaches a target rotational speed for the next-smaller gear] (S28 Figure 3, “If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.” para 0064); and [engaging the next-smaller gear when the target rotational speed for the next- smaller gear is reached] (“The electronic controller 52 determines whether or not the transmission ratio r is appropriately changed in accordance with the actuation state of the shifting device 22, which is detected based on an output of the shifting state detection device 40, and an estimated rotational speed NA of the crank, which is calculated based on the rotational speed N of the crank and the transmission ratio r (reference transmission ratio Tr) corresponding to each shift stage.” Para 0050).
Tsuchizawa does not teach when the downshift from the currently engaged gear into the next-smaller gear is requested, energizing the electric machine (7) in a range from at least forty-five degrees to at most ninety degrees prior to the pedal crank (6) reaching a dead center such that [the rotational speed of the driven shaft increases].
Marberger teaches when [the downshift from the currently engaged gear into the next smaller gear is requested] (“For example, the transmission ratio is reduced on a slope of the route at a decreasing cadence (or first sensor size) and at an increasing driver torque (or second sensor size). Optionally, the adaptation 380 of the transmission ratio i additionally takes place as a function of the detected location coordinates and / or the detected orientation and / or the detected pulse. A control 390 of the electric motor 111 is performed in dependence on the detected speed v .sub.Ist and the target speed. The control 390 of the electric motor 111 is advantageously carried out independently of the detected first sensor size and the detected second sensor size. By the regulation 390 of the electric motor 111, furthermore, the current speed of the electric bicycle 100 is preferably adjusted continuously until the set speed is reached.” para 0017), energizing the electric machine 111 (Figs 1 and 2 paras 0015 and 0017)] (“A regulation 390 of the electric motor 111 becomes dependent on the detected speed v .sub.is and the target speed performed... By the regulation 390 of the electric motor 111, furthermore, the current speed of the electric bicycle 100 is preferably adjusted continuously until the set speed is reached…” para 0017) such that the [rotational speed of the driven shaft increases] (“Further, the current speed of the electric bicycle 100 preferably adjusted continuously until reaching the desired speed.” para 0017 – further, with how the bicycle is structured an increase in either manual power or motor power would increase the overall speed of the driven shaft (assigned to the rear wheel) while the bicycle is in motion.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the motor speed increase step of Marberger with the drive device of Tsuchizawa with a reasonable expectation of success because it would allow for the shafts of the pedal crank and of the motor to match speed before attempting to shift the bicycle gear. By including the step to increase the motor speed to match the speed of the rotor shaft and the crankshaft, the gearshift mechanism is less likely to skip a gear or malfunction due to a mismatch in gear meshing.
Regarding claim 28, Tsuchizawa fully teaches the method of claim 27, further comprising [stopping the energization of the electric machine 24 (Fig 1 para 0039)] (“the electronic controller 52 reduces the motor output TM to less than or equal to a limit value DTM.” para 0049 and “If the electronic controller 52 determines in step S24 that the first angle CA1 is reached, then the electronic controller 52 starts to limit the motor output TM in step S25 and proceeds to step S26. In step S25, the electronic controller 52 controls the motor 24 so that the motor output TM becomes the limit value DTM stored in the memory device 54.” Para 0063) in the range from [at least one degree to at most forty-five degrees prior to the pedal crank 12C (Fig 1 para 0036) reaching the dead center] (“The electronic controller 52 controls the electric actuator 28. The electronic controller 52 actuates the shifting device 22 in a state where the rotational angle CA of the crank 12A is in a predetermined range.” and “…it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center” emphasis added para 0045- note that the range “one degree to forty-five degrees prior to the pedal crank is included in the +45 degree range from the top dead center of the crank device”).
Regarding claim 29, Tsuchizawa fully teaches the method of claim 27, wherein the energization of the electric machine 24 (Fig 1 para 0039) after the pedal crank 12C (Fig 1 para 0036) has exceeded the dead center essentially corresponds to the energization of the electric machine 24 (Fig 1 para 0039) prior to the reduction of the energization (“…which is used in the execution of the shifting action, and information related to the first time SA.” Emphasis added SA is the first time shifting action, para 0049 and “In step S27, the electronic controller 52 determines whether or not the first time SA has elapsed…The electronic controller 52 repeats the determination of step S27 until the first time SA elapses. If the electronic controller 52 determines that the first time SA has elapsed, then the electronic controller 52 stops the limitation on the motor output TM in step S28.”, para 0064- after the first shifting action occurs, when the proper angle is determined, then the motor is reenergized before the next shifting action occurs) .
Regarding Claim 30, Tsuchizawa and Marberger teach the method of claim 27, wherein the [energization of the electric machine] Marberger-111 (Figs 1 and 2 paras 0015 and 0017) (“A regulation 390 of the electric motor 111 becomes dependent on the detected speed v .sub.is and the target speed performed... By the regulation 390 of the electric motor 111, furthermore, the current speed of the electric bicycle 100 is preferably adjusted continuously until the set speed is reached…” para 0017) is [increased in a range from at least forty-five degrees up to at most ninety degrees prior to the pedal crank Tsuchizawa-12C (Fig 1 para 0036) reaching a next dead center] (“The second shifting action includes all shifting actions that are performed after the first shifting action. In a case where the predetermined range includes the top dead center of the crank 12A, it is preferred that the predetermined range be selected in an angle range from +45 degrees from the top dead center to −45 degrees from the top dead center.” Emphasis added Para 0048)
Tsuchizawa and Marberger do not explicitly teach the motor increases by at least twenty percent. However, it would have been obvious for a skilled artisan to routinely optimize the motor so that the motor output increases by “at least twenty percent”. The result-effective variable of increasing the motor-output would allow for improved performance of the crankshaft since the motor output is directly attached to the crankshaft output. By matching those speeds, the gears are more likely to mesh when a gear shift occurs and would be less likely to jam or incorrectly shift while the bicycle is in motion.
Regarding C