DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 3 and 5 of US Application No. 18/321,063 are currently pending and have been examined. Applicant amended claim 3. Applicant previously canceled claims 1, 2, and 4.
Response to Arguments/Amendments
Applicant’s arguments regarding the rejections of claims 3 and 5 under 35 U.S.C. 103, see REMARKS, filed 17 March 2026, have been fully considered but are not persuasive. Applicant argues that the previously-cited prior art, and particularly Yuki, does not teach “upon a determination that the operation of the accelerator pedal has changed from zero to a value greater than zero while the cruise switch is on, even when the value is within a stored operation position range, the ECU cancels the cruise mode”, as now claimed. The Examiner respectfully disagrees. First, the Examiner interprets the claimed “stored operation position range” as a range from the zero value to a pedal depression position stored at the time of the ON operation of the cruise switch, where the zero value is the accelerator pedal position at which the vehicle speed is set to zero when it is not operated. See Specification at ¶ [0081]-[0082]. Yuki teaches a vehicle having an automatic cruise lever 68, where operation of the lever initiates automatic cruise control. ¶ [0076]. Vehicle speed during automatic cruise control is set based on the operating position of the acceleration pedal 278 at the time the lever 68 is operated to the ON side. ¶ [0077]. Vehicle speed controller 82 maintains the traveling of the rice transplanter 1 at a speed corresponding to the operating position of the acceleration pedal 27 when the automatic cruise lever 68 was operated to the ON side in the past, even if no operating force is applied to the acceleration pedal 27. ¶ [0135]. Automatic cruise control is automatically ended by depressing the acceleration pedal 27. ¶ [0077]. The automatic cruise control is ended when the acceleration pedal is suppressed by some non-zero amount. Contrary to Applicant’s assertion that Yuki, does not disclose “in detail as to a specific operation (e.g., timing, degree, etc.,) of depressing the acceleration pedal 27 for triggering the end of the automatic control”, Yuki does disclose the specific operation for triggering the end of automatic control, i.e., depression of the acceleration pedal by some non-zero amount. The claim does not require any particular amount of acceleration pedal depression for canceling the automatic control. Rather, the claim requires that the cruise mode is canceled when the accelerator pedal is changed from zero to a value greater than zero, even when the value [greater than zero] is within the stored operation position range, i.e., the range from zero pedal depression to the pedal position stored at the time of the ON operation. Yuki discloses canceling the cruise operation when the accelerator pedal moves from a zero position to a non-zero position. This cancelation occurs even if the non-zero position is within a range defined by the pedal position when it is not operated and the pedal depression position stored at the time of the ON operation of the cruise switch Therefore, Yuki teaches upon a determination that the operation of the accelerator pedal has changed from zero to a value greater than zero while the cruise switch is on, even when the value is within a stored operation position range, the ECU cancels the cruise mode (i.e., when the cruise control lever is operated, cruise mode is subsequently canceled when acceleration pedal is depressed and the cancelation occurs when the depression amount is greater than zero). Therefore, Applicant’s arguments are not persuasive. The previous rejections under § 103 are maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “a stored operation position range”. This limitation is not supported in the specification. The specification does disclose a range from the zero value to a pedal depression position stored at the time of the ON operation of the cruise switch, where the zero value is the accelerator pedal position at which the vehicle speed is set to zero when it is not operated. ¶ [0081]-[0082]. A range is defined from the zero value to a stored pedal depression position, but the range itself is not stored. Rather, just the pedal depression position at the time of the ON operation is stored. Claim 3 incorporates all of the limitations of claim 1 and fails to comply with the written description requirement for the same reason as claim 1.
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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yuki et al. (US 2022/0105960 A1, “Yuki”) in view of Hauser et al. US 2009/0201650 A1, “Hauser”).
Regarding claim 3, Yuki discloses a work vehicle automated travel system and teaches:
wheels driven by a [an engine] (power from engine 22 transmitted to front and rear wheels 12 and 13, respectively – see at least Fig. 1 and ¶ [0028]);
an accelerator pedal operated to set a vehicle speed of the vehicle from zero to a predetermined value (acceleration pedal 27 – see at least Fig. 1 and ¶ [0033]-[0036]);
a travel instruction sensor that detects an operation position of the accelerator pedal (pedal sensor 29 that detects operating position of acceleration pedal 27 – see at least Fig. 1 and ¶ [0037]), wherein the accelerator pedal is urged to automatically return to a position at which the vehicle speed is set to zero when not being operated (return spring attached to acceleration pedal 27 for returning the pedal when the user releases the pedal – see at least ¶ [0035]);
an electronic control unit (ECU) that controls a [transmission to achieve the vehicle speed desired by the user] on the basis of the operation position of the accelerator pedal (vehicle speed controller 82 – see at least Fig. 3 and ¶ [0072]-[0074]); and
a cruise switch that instructs execution of a cruise mode in which the [transmission to achieve the vehicle speed desired by the user] is controlled by an ON operation such that the set vehicle speed is stored and that traveling is maintained without an operation of the accelerator pedal (automatic cruise lever 68 operated the ON side – see at least ¶ [0076]; vehicle speed during automatic cruise control is set based on the operating position of the acceleration pedal 278 at the time the lever 68 is operated to the ON side – see at least ¶ [0077]; vehicle speed controller 82 maintains the traveling of the rice transplanter 1 at a speed corresponding to the operating position of the acceleration pedal 27 when the automatic cruise lever 68 was operated to the ON side in the past, even if no operating force is applied to the acceleration pedal 27 – see at least ¶ [0135])
wherein
in a state where the cruise switch is turned on after the operation of the accelerator pedal, and even if the accelerator pedal is not being operated and the ECU receives a signal indicating a vehicle speed of zero, the ECU continues to function in the cruise mode (vehicle speed controller 82 maintains the traveling of the rice transplanter 1 at a speed corresponding to the operating position of the acceleration pedal 27 when the automatic cruise lever 68 was operated to the ON side in the past, even if no operating force is applied to the acceleration pedal 27 – see at least ¶ [0135]), and
if it is determined that the operation of the accelerator pedal has changed to a value greater than zero while the cruise switch is on, the ECU cancels the cruise mode (automatic cruise control is automatically ended by depressing the acceleration pedal 27 – see at least ¶ [0077]).
The vehicle of Yuki is an engine powered vehicle. Accordingly, Yuki does not teach the wheels being driven by a traveling motor; the ECU that controls a rotation speed of the traveling motor on the basis of the operation position of the accelerator pedal; and the cruise mode in which the rotation speed of the traveling motor is controlled by an ON operation.
However, Hauser discloses controller assemblies for drive utility vehicles and teaches:
wheels driven by a traveling motor (driven wheels 36 – see at least Fig. 2 and ¶ [0030]; wheels driven by electric drive motor 41 – see at least Fig. 2 and ¶ [0030]);
an electronic control unit (ECU) that controls a rotation speed of the traveling motor on the basis of the operation position of the accelerator pedal (input signals from accelerator pedal 52 determine the direction and speed of operation of transaxle 40, which includes electric motor 41 – see at least Fig. 2 and ¶ [0039]; traction controller 80 controls the speed of vehicle 30 by regulating the voltage frequency applied to electric motor 41 – see at least ¶ [0034]); and
a cruise switch that instructs execution of a cruise mode in which the rotation speed of the traveling motor is controlled by an ON operation such that the set vehicle speed is stored pedal (cruise switch 62 – see at last Fig. 2 and ¶ [0030]; activating cruise switch 62 while traveling forward “freezes” the current vehicle speed – see at least ¶ [0067]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the work vehicle automated travel system of Yuki to provide for a traveling motor, controlling rotation speed of the traveling motor, and a cruise switch that executes a cruise mode to control the rotation speed of the traveling motor, as taught by Hauser, with a reasonable expectation of success because it would provide a viable alternative to internal combustion utility vehicles, particularly due to rising oil and fuel prices (Hauser at ¶ [0003]).
Regarding claim 5, Yuki further teaches:
wherein after cancellation of the cruise mode (automatic cruise control is automatically ended by depressing the acceleration pedal 27 or operating cruise lever 68 to OFF – see at least ¶ [0077]), if it is determined that there is no operation of the accelerator pedal, the [vehicle speed] is stopped (traveling is stopped by releasing foot from acceleration pedal 27 – see at least ¶ [0036]).
Yuki fails to teach the rotation speed of the traveling motor is stopped.
However, Hauser further teaches:
wherein after cancellation of the cruise mode, if it is determined that there is no operation of the accelerator pedal, the rotation speed of the traveling motor is stopped (if cruise control is not active and manual brake switch 66 is activated, electric motors are forced to zero rpm – see at least ¶ [0067]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined work vehicle automated travel system of Yuki and Hauser to provide for stopping the rotation speed of the traveling motor, as further taught by Hauser, with a reasonable expectation of success because it would provide for stopping traveling (Yuki at ¶ [0036]) in an electric viable that provides a viable alternative to internal combustion utility vehicles, particularly due to rising oil and fuel prices (Hauser at ¶ [0003]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L TROOST whose telephone number is (571)270-5779. The examiner can normally be reached Mon-Fri 7:30am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at 313-446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON L TROOST/Primary Examiner, Art Unit 3666
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