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 the Claims
This Office Action is in response to the Application filed on February 1, 2024. Claims 1-5 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 1, 2024, October 15, 2024, and July 11, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (JP 2022036843; hereinafter Yu; already of record from IDS; see attached English translation for citation numbers) in view of Kalyanasundaram et al. (US 20220117098; hereinafter Kalyanasundaram).
In regards to claim 1, Yu discloses of a battery electric vehicle (“The electric vehicle 10 includes a battery 14 and an inverter 16. The battery 14 stores electrical energy used to drive the rotary electric machine 2. The inverter 16 converts the direct current stored in the battery 14 into a three-phase alternating current by, for example, performing pulse width modulation processing (PWM). Further, the inverter 16 has a function of controlling the drive torque of the rotary electric machine 2 based on the target drive torque input from the ECU (Electronic Control Unit) 50 described later.” (Para 0013)) comprising:
a motor that outputs torque to a drive shaft connected to an axle (“FIG. 1 is an exemplary and schematic configuration diagram of the electric vehicle 10 of the embodiment. As shown in FIG. 1, the electric vehicle 10 includes a rotary electric machine 2 as a drive source. The rotary electric machine 2 is, for example, a three-phase AC motor. The output shaft 3 of the rotary electric machine 2 is connected to one end of the propeller shaft 5 via a gear mechanism 4. The other end of the propeller shaft 5 is connected to the drive shaft 7 in front of the vehicle via the differential gear 6. The electric vehicle 10 includes a drive wheel 8 as a front wheel and a driven wheel 12 as a rear wheel. The drive wheels 8 are provided at both ends of the drive shaft 7. A rotation speed sensor 40 for detecting the shaft rotation speed Np is arranged on the propeller shaft 5.” (Para 0012), see also Fig 1);
a mode selection device in which one travel mode is selected from a plurality of travel modes by an operation of a driver, the travel modes including a motor travel mode in which the motor is controlled such that required torque required for traveling is output to the drive shaft, and a shift travel mode in which the motor is controlled such that torque output to the drive shaft based on a shift operation by the driver is simulation torque that simulates torque behavior in an engine vehicle equipped with an engine and a stepped transmission (“The electric vehicle 10 can switch between an MT traveling mode in which traveling is accompanied by a pseudo manual shifting operation and an EV traveling mode in which general EV traveling is performed without a pseudo manual shifting operation. It may be configured in. In this case, the electric vehicle 10 may have a configuration for switching between the MT traveling mode and the EV traveling mode by a switch or the like” (Para 0054), “The shift lever 26 has a structure simulating a shift lever included in an MT vehicle. The arrangement and operation feeling of the shift lever 26 are the same as those of an actual MT vehicle. The shift lever 26 is provided with each position corresponding to a plurality of modes having different torque characteristics. The shift lever 26 is provided with a shift position sensor 36 that detects the shift position Gp indicating the position of the mode. The signal detected by the shift position sensor 36 is output to the ECU 50 described later” (Para 0017), see also Para 0016, 0018, 0013 and 0055); and
a control device that controls the motor such that the battery electric vehicle travels in the travel mode selected by the mode selection device, wherein the control device [permits] a change in the simulation torque… , when the shift travel mode is selected (“The electric vehicle 10 can switch between an MT traveling mode in which traveling is accompanied by a pseudo manual shifting operation and an EV traveling mode in which general EV traveling is performed without a pseudo manual shifting operation. It may be configured in. In this case, the electric vehicle 10 may have a configuration for switching between the MT traveling mode and the EV traveling mode by a switch or the like” (Para 0054), “FIG. 8 is a block diagram showing a configuration and a function related to the torque characteristic setting process. As shown in FIG. 8, the user preset pattern can be set using, for example, the touch panel 70. The touch panel 70 includes an input device 72 that receives a contact operation on the display as input information, and an output device 74 that displays the output information on the display. The ECU 50 includes a torque characteristic setting unit 518 as a functional block for executing the torque characteristic setting process. The torque characteristic setting unit 518 sets a user preset pattern based on the input information input by the driver from the input device 72, and outputs the result to the output device 74.” (Para 0062), “FIG. 9 is a diagram showing an example of torque characteristic setting processing using the touch panel 70. In the torque characteristic setting process, the torque characteristic setting unit 518 causes the output device 74 of the touch panel 70 to display the base pattern of the torque characteristic curve as shown in FIG. The base pattern may be configured to be selected by the driver from the stored preset patterns, or the torque characteristic setting unit 518 may display an arbitrary base pattern.” (Para 0063), see also Para 0064).
However, Yu does not specifically disclose of wherein the control device prohibits a change in the simulation torque while the battery electric vehicle is traveling.
Kalyanasundaram, in the same field of endeavor, teaches of wherein the control device prohibits a change in the simulation torque while the battery electric vehicle is traveling (“In another example, accessory device 1200 is an automotive-based accessory device and application-specific information 1240, when received by an electronic device, causes the electronic device to initiate a software application(s) related to vehicles or driving. As a result, processing circuitry of the electronic device may signal a display of the electronic device to present a software application, such as a GPS software application or a map software application, as non-limiting examples. Additionally, the electronic device can determine, based on application-specific information 1240, that the electronic device is being used while a user is driving, and subsequently adjust some hardware devices. For example, the electronic device can deactivate touch input capabilities of the display, thereby preventing the user from interacting with the display while driving for purposes of user safety.” (Para 0092)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the simulation torque change, as taught by Yu, to include being prohibited while the battery electric vehicle is traveling, as taught by Kalyanasundaram, with a reasonable expectation of success in order to improve user safety while driving (Kalyanasundaram Para 0092).
In regards to claim 4, Yu in view of Kalyanasundaram teaches of the battery electric vehicle according to claim 1, further comprising a display device that displays information, wherein, when the shift travel mode is selected, the control device displays, on the display device, a change reception screen for receiving an instruction to change the simulation torque, and prohibits reception on the change reception screen while the battery electric vehicle is traveling (“FIG. 8 is a block diagram showing a configuration and a function related to the torque characteristic setting process. As shown in FIG. 8, the user preset pattern can be set using, for example, the touch panel 70. The touch panel 70 includes an input device 72 that receives a contact operation on the display as input information, and an output device 74 that displays the output information on the display. The ECU 50 includes a torque characteristic setting unit 518 as a functional block for executing the torque characteristic setting process. The torque characteristic setting unit 518 sets a user preset pattern based on the input information input by the driver from the input device 72, and outputs the result to the output device 74.” (Yu Para 0062), “FIG. 9 is a diagram showing an example of torque characteristic setting processing using the touch panel 70. In the torque characteristic setting process, the torque characteristic setting unit 518 causes the output device 74 of the touch panel 70 to display the base pattern of the torque characteristic curve as shown in FIG. The base pattern may be configured to be selected by the driver from the stored preset patterns, or the torque characteristic setting unit 518 may display an arbitrary base pattern.” (Yu Para 0063), “In another example, accessory device 1200 is an automotive-based accessory device and application-specific information 1240, when received by an electronic device, causes the electronic device to initiate a software application(s) related to vehicles or driving. As a result, processing circuitry of the electronic device may signal a display of the electronic device to present a software application, such as a GPS software application or a map software application, as non-limiting examples. Additionally, the electronic device can determine, based on application-specific information 1240, that the electronic device is being used while a user is driving, and subsequently adjust some hardware devices. For example, the electronic device can deactivate touch input capabilities of the display, thereby preventing the user from interacting with the display while driving for purposes of user safety.” (Para 0092), see also Yu Para 0064).
The motivation of combining Yu and Kalyanasundaram is the same as that recited for claim 1 above.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Kalyanasundaram, as applied to claim 1 above, and further in view of Sakai et al. (JP 2002250636; hereinafter Sakai; already of record from IDS: see attached English translation for citations).
In regards to claim 2, Yu in view of Kalyanasundaram teaches of the battery electric vehicle according to claim 1, wherein the control device permits the change in the simulation torque in a case in which [the vehicle is stopped], when the shift travel mode is selected (“In another example, accessory device 1200 is an automotive-based accessory device and application-specific information 1240, when received by an electronic device, causes the electronic device to initiate a software application(s) related to vehicles or driving. As a result, processing circuitry of the electronic device may signal a display of the electronic device to present a software application, such as a GPS software application or a map software application, as non-limiting examples. Additionally, the electronic device can determine, based on application-specific information 1240, that the electronic device is being used while a user is driving, and subsequently adjust some hardware devices. For example, the electronic device can deactivate touch input capabilities of the display, thereby preventing the user from interacting with the display while driving for purposes of user safety.” (Kalyanasundaram Para 0092), see also Yu Para 0062-0064).
The motivation of combining Yu and Kalyanasundaram is the same as that recited for claim 1 above.
However, Yu in view of Kalyanasundaram does not specifically teach of wherein the control device permits the change in the simulation torque in a case in which a shift position is in a parking range, when the shift travel mode is selected.
Sakai, in the same field of endeavor, teaches of the control device permits the change in the simulation torque in a case in which a shift position is in a parking range, when the shift travel mode is selected (“It should be noted that the running/stopping of the vehicle may be determined by any of the following. It is determined whether the vehicle speed is 0 or other than 0, and 0 is determined by whether the vehicle speed to be stopped is equal to or higher than a slight speed. Judgment is made based on whether the parking brake is ON or OFF, and ON is stopped. It is determined whether the shift range of the automatic transmission is P (parking) or N (neutral), and P or N is stopped.” (Para 0022), see also Para 0005).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the simulation torque change, as taught by Yu in view of Kalyanasundaram, to include being remitted when a shift position is in a parking position, as taught by Sakai, with a reasonable expectation of success in order to determine if a vehicle is stopped or running (Sakai Para 0022 and 0005).
In regards to claim 3, Yu in view of Kalyanasundaram further in view of Sakai teaches of the battery electric vehicle according to claim 1, wherein the control device permits the change in the simulation torque in a case in which a parking brake is operated, when the shift travel mode is selected (“It should be noted that the running/stopping of the vehicle may be determined by any of the following. It is determined whether the vehicle speed is 0 or other than 0, and 0 is determined by whether the vehicle speed to be stopped is equal to or higher than a slight speed. Judgment is made based on whether the parking brake is ON or OFF, and ON is stopped. It is determined whether the shift range of the automatic transmission is P (parking) or N (neutral), and P or N is stopped.” (Sakai Para 0022), “In another example, accessory device 1200 is an automotive-based accessory device and application-specific information 1240, when received by an electronic device, causes the electronic device to initiate a software application(s) related to vehicles or driving. As a result, processing circuitry of the electronic device may signal a display of the electronic device to present a software application, such as a GPS software application or a map software application, as non-limiting examples. Additionally, the electronic device can determine, based on application-specific information 1240, that the electronic device is being used while a user is driving, and subsequently adjust some hardware devices. For example, the electronic device can deactivate touch input capabilities of the display, thereby preventing the user from interacting with the display while driving for purposes of user safety.” (Kalyanasundaram Para 0092), see also Yu Para 0062-0064 and Sakai Para 0005).
The motivation of combining Yu, Kalyanasundaram, and Sakai is the same as that recited for claim 2 above.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Kalyanasundaram, as applied to claim 1 above, and further in view of Kishi et al. (US 20080278442; hereinafter Kishi).
In regards to claim 5, Yu in view of Kalyanasundaram teaches of the battery electric vehicle according to claim 1, further comprising a display device that displays information, wherein, when the shift travel mode is selected, the control device displays, on the display device, a change reception screen for receiving an instruction to change behavior of the simulation torque while the battery electric vehicle is stopped (“FIG. 8 is a block diagram showing a configuration and a function related to the torque characteristic setting process. As shown in FIG. 8, the user preset pattern can be set using, for example, the touch panel 70. The touch panel 70 includes an input device 72 that receives a contact operation on the display as input information, and an output device 74 that displays the output information on the display. The ECU 50 includes a torque characteristic setting unit 518 as a functional block for executing the torque characteristic setting process. The torque characteristic setting unit 518 sets a user preset pattern based on the input information input by the driver from the input device 72, and outputs the result to the output device 74.” (Yu Para 0062), “FIG. 9 is a diagram showing an example of torque characteristic setting processing using the touch panel 70. In the torque characteristic setting process, the torque characteristic setting unit 518 causes the output device 74 of the touch panel 70 to display the base pattern of the torque characteristic curve as shown in FIG. The base pattern may be configured to be selected by the driver from the stored preset patterns, or the torque characteristic setting unit 518 may display an arbitrary base pattern.” (Yu Para 0063), see also Yu Para 0064)
However, Yu in view of Kalyanasundaram do not specifically teach of does not display the change reception screen on the display device while the battery electric vehicle is traveling.
Kishi, in the same field of endeavor, teaches of does not display the change reception screen on the display device while the battery electric vehicle is traveling (“As a result, the microcomputer 31 makes a positive judgment in STEP 275 and proceeds to STEP 280 to perform a processing of nullifying operation of a dummy switch in the displayed screen (a processing of prohibiting predetermined operation by the operator from being inputted as an operator guidance). To be more specific, even in the case where one of the dummy switches in this screen has selectively been operated, all the operations thereof (including the changing of displayed information and the switching of screens) are prohibited, and the tone of the dummy switches in the displayed screens is lowered. Also, as shown in FIG. 4D, a notice "Do not use while the vehicle is traveling. Please operate after the vehicle has stopped." is displayed at the center of the screen for a predetermined time period (e.g. 5 seconds).” (Para 0070), see also Para 0047 and 0008).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the change receptor screen, as taught by Yu in view of Kalyanasundaram, to include not being displayed while the battery electric vehicle is traveling, as taught by Kishi, with a reasonable expectation of success in order to allow the driver to increase their attention on the driving (Kishi Para 0008 and 0070).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jordan et al. (US 20190118815) discloses of adjusting a simulated torque based on a driver input to a display.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Mon-Fri 8:00-4:30.
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/KYLE J KINGSLAND/Examiner, Art Unit 3663