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 .
Response to Arguments
This Office Action is in response to the applicant’s amendments and remarks filed on 1/21/2026. This action is made FINAL.
Claims 1-20 are pending for examination.
Regarding the objection(s) to the specification (title), the examiner finds applicant’s amendment(s) to the specification filed 1/21/2026 acceptable and withdraws the objection(s) to the specification (title).
Regarding the rejection of claims 2, 4, 6-7, and 19 under 35 U.S.C. §112(b), applicant’s arguments are persuasive in view of applicant’s amendment to the claim(s), therefore the rejections are now withdrawn.
Regarding the rejection of claim 20 under 35 U.S.C. §101, applicant’s arguments are persuasive in view of applicant’s amendment to the claim(s), therefore the rejections are now withdrawn.
Regarding the rejection of claims 1-20 under 35 U.S.C §103, applicant’s arguments have been fully considered and are not persuasive. In the remarks, applicant argued the following points. The examiner respectfully disagrees for at least the reasons outlined below each point.
“Applicant submits the cited references, whether considered alone or in combination, fail to disclose or suggest each and every element of amended claim 1. For example, no disclosure or suggestion can be found in the cited references to "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position," in the manner as claimed in amended claim 1. Via such features as claimed significant technical advantages are achieved. For example, such features improve emulation of the resistive torque characteristics of traditional internal combustion engines across varying driving conditions.
Turning now to the cited references, the Office acknowledges the failure of Shiozawa to teach the claimed limitation of "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position." See Office action at pages 9-10. It thus follows that Shiozawa further fails to teach "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position," as required in amended claim 1.
Umetsu is cited to cure the deficiencies of Shiozawa as to the claimed limitation of "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position." In particular, the Office points to FIGS. 3 and 4 of Umetsu, and specifically "Al" of Umetsu to teach the claimed reference accelerator pedal position. See Office action at page 10.
Looking to Umetsu, Al refers to "a specified value that the target deceleration is set in a region R12, where the accelerator pedal depression amount is smaller than the specified value A1." See Umetsu at paragraph [0050]. Said another way, Al of Umetsu refers to a predetermined value for target deceleration. However, whether or not Umetsu teaches a specified value for target deceleration, Umetsu fails to disclose or suggest "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position," as required in amended claim 1.
Remaining cited reference Kerns further fails to cure the deficiencies of Shiozawa and Umetsu in this regard. Thus, even if combined, the combination is deficient as claimed elements would still be missing. That is, as none of the cited references disclose or suggest "determin[ing] a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position," as recited in amended claim 1, it follows that the combination of these cited references is also deficient to arrive at such claimed features.”, (Remarks, pages 12-13)
Regarding point a, Umetsu discloses the amended limitation. Umetsu teaches: controller 14 determines a depression amount of an accelerator pedal detected by sensor 10 (determine a position of an accelerator pedal) for comparison to an accelerator pedal depression amount A1 (with respect to a reference accelerator pedal position) and where the controller 14 receives various types of sensor information such as vehicle speed and calculates a target torque for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle (wherein the reference accelerator pedal position relates to a road load accelerator pedal position). (Umetsu, FIG. 3: (S1), (S2); FIG. 4: (A1), (M11), Target Acceleration 0; ¶[0039]; ¶[0047]; ¶[0050]; ¶[0042]; ¶[0054]). That is, the claimed road load signal signifies a target torque for maintaining a vehicle speed (see claim 2), which Umetsu teaches as outlined above. Applicant’s arguments do not address the specific mapping of Umetsu with regards to teaching a torque to maintain a vehicle’s speed, therefore the arguments are unpersuasive.
“Therefore, for at least the reasons above, Applicant respectfully requests the rejections of claim 1 and all claims depending therefrom be withdrawn.”, (Remarks, page 13)
Regarding point b, for at least the reasons above, the rejection of claim 1 and dependents is maintained.
“As to claims 18 and 20, Applicant has amended these claims to include similar subject matter as discussed above with regard to claim 1. Therefore, Applicant submits similar arguments as presented above with regard to claim 1 also apply to claims 18 and 20, and Applicant thus respectfully requests the rejections of claims 18 and 20, and all claims depending therefrom, be withdrawn for at least similar reasons as claim 1.”, (Remarks, page 13)
Regarding point c, for at least the reasons above, the rejection of claims 18 and 20 is maintained. Further, additional amended limitations necessitated the new grounds of rejection outlined below.
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.
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, 3, 9-14, and 16-18, and 20 are rejected under 35 U.S.C. 103 as being obvious over Shiozawa et al. (US 20180326852 A1) in view of Umetsu et al. (US 20210039624 A1), henceforth known as Shiozawa and Umetsu, respectively.
Shiozawa was first cited in a previous office action.
Umetsu was first cited in IDS filed 10/3/2023.
Regarding claim 1, Shiozawa discloses:
A controller for a vehicle, the controller being configured to:
(Shiozawa, FIG. 1; ¶[0035]-¶[0039]; ¶[0073]; ¶[0088])
receive a gradient signal indicative of a gradient of a surface the vehicle is traversing;
(Shiozawa, FIG. 4; ¶[0088]; ¶[0124]-¶[0129])
determine a gradient modifier based at least in part on the gradient signal;
(Shiozawa, FIG. 4; FIG. 8; ¶[0088]; ¶[0129]-¶[0134]; ¶[0174])
modify an acceleration pedal map and a deceleration pedal map based at least in part on the gradient modifier;
(Shiozawa, FIG. 5; FIG. 8; FIG. 9; ¶[0011]; ¶[0048]-¶[0050]; ¶[0089]-¶[0091]; ¶[0134];
Where the braking/driving force map for one pedal mode operation is modified based on the road slope).
Although Shiozawa discloses a “one pedal mode” (Shiozawa, ¶[0048]-¶[0050]) Shiozawa fails to disclose the following limitations as a whole. However, in the same field of endeavor, Umetsu teaches:
determine a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position; and
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (A1), (M11), Target Acceleration 0; ¶[0039]; ¶[0047]; ¶[0050]; ¶[0042]; ¶[0054];
Where the controller 14 determines a depression amount of an accelerator pedal detected by sensor 10 (determine a position of an accelerator pedal) for comparison to an accelerator pedal depression amount A1 (with respect to a reference accelerator pedal position) and where the controller 14 receives various types of sensor information such as vehicle speed and calculates a target torque for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle (wherein the reference accelerator pedal position relates to a road load accelerator pedal position))
determine a torque output based at least in part on the acceleration pedal map if the position of the accelerator pedal is greater than the reference accelerator pedal position; or
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1); ¶[0039]; ¶[0047]; ¶[0048]; ¶[0050]; ¶[0056];
Where the controller 14 sets a target torque (determine a torque output) based on region R11 of map M11 in FIG. 4 (based at least in part on the acceleration pedal map) if the accelerator pedal depression amount is larger than specified value A1 (if the position of the accelerator pedal is greater than the reference accelerator pedal position))
determine a torque output based at least in part on the deceleration pedal map if the position of the accelerator pedal is less than the reference accelerator pedal position.
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1); ¶[0039]; ¶[0047]; ¶[0048]; ¶[0050]; ¶[0056];
Where the controller 14 sets a target torque (determine a torque output) based on region R12 of map M11 in FIG. 4 (based at least in part on the deceleration pedal map) if the accelerator pedal depression amount is less than specified value A1 (if the position of the accelerator pedal is less than the reference accelerator pedal position)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features taught by Umetsu because “…By applying such a map M11, the accelerator pedal in this embodiment can achieve both of acceleration and deceleration of the vehicle 1 with an operation of such a pedal only, and thus has a function as the above-described single pedal.” (Umetsu, ¶[0050]).
Regarding claim 18, the claim limitations recite a method having limitations similar to those of claim 1 and is therefore rejected on the same basis, as outlined above.
Regarding claim 3, Shiozawa and Umetsu teach the controller according to claim 1. Shiozawa further discloses:
wherein the acceleration pedal map and the deceleration pedal map are modified so as to reduce the torque output with respect to the position of the accelerator pedal….
(Shiozawa, FIG. 5; FIG. 8; FIG. 9; ¶[0011]; ¶[0048]-¶[0050]; ¶[0089]-¶[0091]; ¶[0134]; ¶[0219]-¶[0220]; ¶[0395]; ¶[0407]-¶[0409];
Where the braking/driving force map for one pedal mode operation is modified based on the road slope, wherein the driving force is decreased when thew slope is downhill and where the breaking force decreases when the slope is uphill).
And Umetsu further teaches:
… and wherein the road load accelerator pedal position is based on a received road load signal.
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0042]; ¶[0047]; ¶[0054]; FIG. 3: (S2); ¶[0039]; ¶[0050];
Where the controller 14 determines specified value A1 for the accelerator pedal depression amount for comparison to a detected accelerator pedal depression amount (and wherein the road load accelerator pedal position) and where the controller 14 receives various types of sensor information such as vehicle speed and calculates a target torque for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle (is based on a received road load signal)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Regarding claim 9, Shiozawa and Umetsu teach the controller according to claim 1. Umetsu further teaches:
wherein the acceleration pedal map comprises a low-speed acceleration pedal map and a high-speed acceleration pedal map.
(Umetsu, FIG. 5(a); ¶[0051];
Where the controller 14 modifies the acceleration request based on an acceleration gain according to vehicle speed shown in FIG. 5(a) (wherein the acceleration pedal map), resulting in a higher acceleration gain at lower vehicle speeds (comprises a low-speed acceleration pedal map) and a lower acceleration gain at higher vehicles speeds (and a high-speed acceleration pedal map)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Regarding claim 10, Shiozawa and Umetsu teach the controller according to claim 1. Umetsu further teaches:
wherein the deceleration pedal map comprises a low-speed deceleration pedal map and a high-speed deceleration pedal map.
(Umetsu, FIG. 5(b); ¶[0052];
Where the controller 14 modifies the deceleration request based on a deceleration gain according to vehicle speed shown in FIG. 5(b) (wherein the deceleration pedal map), resulting in a lower deceleration gain at lower vehicle speeds (comprises a low-speed deceleration pedal map) and a higher deceleration gain at higher vehicles speeds (and a high-speed deceleration pedal map)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Regarding claim 11, Shiozawa and Umetsu teach the controller according to claim 9. Umetsu further teaches:
the controller being further configured to:
(Umetsu, FIG. 1: (1); FIG. 2: (14); ¶[0042])
receive a vehicle speed signal indicative of a speed of the vehicle; and
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0047];
Where the controller 14 receives various types of sensor information such as vehicle speed (receive a vehicle speed signal indicative of a speed of the vehicle))
determine a torque output according to the low-speed acceleration pedal map if the position of the accelerator pedal is greater than the reference accelerator pedal position and the speed of the vehicle equals or is less than a low-speed limit; or
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R11), (M11); FIG. 5(a); ¶[0048]; ¶[0050]; ¶[0051]; ¶[0056];
Where controller 14 in step S3 of FIG. 3 sets a target torque (determine a torque output) based on the acceleration gain in FIG. 5(a) for low vehicle speed (according to the low-speed acceleration pedal map) when the position of the accelerator pedal is greater than specified value A1 in FIG. 4 corresponding to region R11 (if the position of the accelerator pedal is greater than the reference accelerator pedal position) and the vehicle speed is equal to or less than any particular speed on the vehicle speed axis in FIG. 5(a) (and the speed of the vehicle equals or is less than a low-speed limit); as the gain changes for each vehicle speed, any vehicle speed constitutes a “low-speed limit”)
determine a torque output according to the high-speed acceleration pedal map if the position of the accelerator pedal is greater than the reference accelerator pedal position and the speed of the vehicle equals or is greater than a high-speed limit.
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R11), (M11); FIG. 5(a); ¶[0048]; ¶[0050]; ¶[0051]; ¶[0056];
Where controller 14 in step S3 of FIG. 3 sets a target torque (determine a torque output) based on the acceleration gain in FIG. 5(a) for high vehicle speed (according to the high-speed acceleration pedal map) when the position of the accelerator pedal is greater than specified value A1 in FIG. 4 corresponding to region R11 (if the position of the accelerator pedal is greater than the reference accelerator pedal position) and the vehicle speed is greater than any particular speed on the vehicle speed axis in FIG. 5(a) (and the speed of the vehicle equals or is greater than a high-speed limit); as the gain changes for each vehicle speed, any vehicle speed constitutes a “high-speed limit”).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 9, above.
Regarding claim 12, Shiozawa and Umetsu teach the controller according to claim 10. Umetsu further teaches:
the controller being further configured to:
(Umetsu, FIG. 1: (1); FIG. 2: (14); ¶[0042])
receive a vehicle speed signal indicative of a speed of the vehicle; and
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0047];
Where the controller 14 receives various types of sensor information such as vehicle speed (receive a vehicle speed signal indicative of a speed of the vehicle))
determine a torque output according to the low-speed deceleration pedal map if the position of the accelerator pedal is less than the reference accelerator pedal position and the speed of the vehicle equals or is less than a low-speed limit; or
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R12), (M11); FIG. 5(b); ¶[0048]; ¶[0050]; ¶[0052]; ¶[0056];
Where controller 14 in step S3 of FIG. 3 sets a target torque (determine a torque output) based on the deceleration gain in FIG. 5(b) for low vehicle speed (according to the low-speed deceleration pedal map) when the position of the accelerator pedal is less than specified value A1 in FIG. 4 corresponding to region R12 (if the position of the accelerator pedal is less than the reference accelerator pedal position) and the vehicle speed is equal to or less than any particular speed on the vehicle speed axis in FIG. 5(b) (and the speed of the vehicle equals or is less than a low-speed limit); as the gain changes for each vehicle speed, any vehicle speed constitutes a “low-speed limit”)
determine a torque output according to the high-speed deceleration pedal map if the position of the accelerator pedal is less than the reference accelerator pedal position and the speed of the vehicle equals or is greater than a high-speed limit.
(Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R12), (M11); FIG. 5(b); ¶[0048]; ¶[0050]; ¶[0052]; ¶[0056];
Where controller 14 in step S3 of FIG. 3 sets a target torque (determine a torque output) based on the deceleration gain in FIG. 5(b) for high vehicle speed (according to the high-speed deceleration pedal map) when the position of the accelerator pedal is less than specified value A1 in FIG. 4 corresponding to region R12 (if the position of the accelerator pedal is less than the reference accelerator pedal position) and the vehicle speed is greater than any particular speed on the vehicle speed axis in FIG. 5(b) (and the speed of the vehicle equals or is greater than a high-speed limit); as the gain changes for each vehicle speed, any vehicle speed constitutes a “high-speed limit”).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 10, above.
Regarding claim 13, Shiozawa and Umetsu teach the controller according to claim 11. Umetsu further teaches:
the controller being configured to determine a torque output based at least in part on the low-speed acceleration pedal map and the high- speed acceleration pedal map if the position of the accelerator pedal is greater than the reference accelerator pedal position and the speed of the vehicle is between the low-speed limit and the high-speed limit.
(Umetsu, FIG. 1: (1); FIG. 2: (14); FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R11), (M11); FIG. 5(a); ¶[0042]; ¶[0048]; ¶[0050]; ¶[0051]; ¶[0056];
Where controller 14 (the controller) in step S3 of FIG. 3 sets a target torque (being configured to determine a torque output) based on a sliding scale of the acceleration gain in FIG. 5(a) for all speeds between the low vehicle speed and the high vehicle speed (based at least in part on the low-speed acceleration pedal map and the high- speed acceleration pedal map) when the position of the accelerator pedal is greater than specified value A1 in FIG. 4 corresponding to region R11 (if the position of the accelerator pedal is greater than the reference accelerator pedal position) and the vehicle speed is between any particular low speed and any particular high speed on the vehicle speed axis in FIG. 5(a) (and the speed of the vehicle is between the low-speed limit and the high-speed limit); as the gain changes for each vehicle speed, any relative low and high vehicle speed constitutes a “low-speed limit” and “high-speed limit”, respectively).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 11, above.
Regarding claim 14, Shiozawa and Umetsu teach the controller according to claim 12. Umetsu further teaches:
the controller being configured to determine a torque output based at least in part on the low-speed deceleration pedal map and the high- speed deceleration pedal map if the position of the accelerator pedal is less than the reference accelerator pedal position and the speed of the vehicle is between the low-speed limit and the high-speed limit.
(Umetsu, FIG. 1: (1); FIG. 2: (14); FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R12), (M11); FIG. 5(b); ¶[0042]; ¶[0048]; ¶[0050]; ¶[0052]; ¶[0056];
Where controller 14 (the controller) in step S3 of FIG. 3 sets a target torque (being configured to determine a torque output) based on a sliding scale of the deceleration gain in FIG. 5(b) for all speeds between the low vehicle speed and the high vehicle speed (based at least in part on the low-speed deceleration pedal map and the high- speed deceleration pedal map) when the position of the accelerator pedal is less than specified value A1 in FIG. 4 corresponding to region R12 (if the position of the accelerator pedal is less than the reference accelerator pedal position) and the vehicle speed is between any particular low speed and any particular high speed on the vehicle speed axis in FIG. 5(b) (and the speed of the vehicle is between the low-speed limit and the high-speed limit); as the gain changes for each vehicle speed, any relative low and high vehicle speed constitutes a “low-speed limit” and “high-speed limit”, respectively).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 12, above.
Regarding claim 16, Shiozawa and Umetsu teach the controller according to claim 1. Shiozawa further discloses:
A control system for a vehicle, the control system comprising the controller according to claim 1.
(Shiozawa, FIG. 1; ¶[0035]-¶[0039]; ¶[0073]; ¶[0088]).
Regarding claim 17, Shiozawa and Umetsu teach the control system according to claim 16. Shiozawa further discloses:
A vehicle comprising the control system according to claim 16.
(Shiozawa, FIG. 1; FIG. 2; ¶[0008]; ¶[0035]-¶[0039]; ¶[0072]; ¶[0073]; ¶[0088]).
Regarding claim 20, Shiozawa discloses:
A controller for a vehicle, the controller being configured to:
(Shiozawa, FIG. 1; FIG. 2; ¶[0008]; ¶[0035]-¶[0039]; ¶[0072]; ¶[0073]; ¶[0088])
receive a gradient signal indicative of a gradient of a surface the vehicle is traversing; and
(Shiozawa, FIG. 4; ¶[0088]; ¶[0124]-¶[0129])
[…]
determine a torque output based at least in part on a positive gradient pedal map if the gradient signal indicates that the surface has a positive gradient; or
(Shiozawa, FIG. 4; FIG. 5; FIG. 8; FIG. 9; ¶[0011]; ¶[0048]-¶[0050]; ¶[0089]-¶[0091]; ¶[0134]; ¶[0219]-¶[0220]; ¶[0395]; ¶[0407]-¶[0409];
Where the braking/driving force map, indicating a driving torque and/or a braking torque (determine a torque output), for one pedal mode operation is modified based on the road slope, wherein the driving force is increased and the breaking force is decreased when the slope is uphill (based at least in part on a positive gradient pedal map if the gradient signal indicates that the surface has a positive gradient), and wherein the driving force is decreased and the breaking force is increased when the slope is downhill).
determine a torque output based at least in part on a negative gradient pedal map if the gradient signal indicates that the surface has a negative gradient and then
(Shiozawa, FIG. 4; FIG. 5; FIG. 8; FIG. 9; ¶[0011]; ¶[0048]-¶[0050]; ¶[0089]-¶[0091]; ¶[0134]; ¶[0219]-¶[0220]; ¶[0395]; ¶[0407]-¶[0409];
Where the braking/driving force map, indicating a driving torque and/or a braking torque (determine a torque output), for one pedal mode operation is modified based on the road slope, wherein the driving force is increased and the breaking force is decreased when the slope is uphill, and wherein the driving force is decreased and the breaking force is increased when the slope is downhill (based at least in part on a negative gradient pedal map if the gradient signal indicates that the surface has a negative gradient))
control an electric motor of the vehicle based on the determined torque output.
(Shiozawa, ¶[0087]-¶[0091]: controls motor; ¶[0313]: electric motor).
Shiozawa is silent on the following limitations, bolded for emphasis. However, in the same field of endeavor, Umetsu teaches:
determine a position of an accelerator pedal with respect to a reference accelerator pedal position, wherein the reference accelerator pedal position relates to a road load accelerator pedal position; and
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (A1); ¶[0039]; ¶[0047]; ¶[0050];
Where the controller 14 determines a depression amount of an accelerator pedal detected by sensor 10 (determine a position of an accelerator pedal) for comparison to an accelerator pedal depression amount A1 (with respect to a reference accelerator pedal position)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features taught by Umetsu because “…By applying such a map M11, the accelerator pedal in this embodiment can achieve both of acceleration and deceleration of the vehicle 1 with an operation of such a pedal only, and thus has a function as the above-described single pedal.” (Umetsu, ¶[0050]).
Claims 2 and 4-8 are rejected under 35 U.S.C. 103 as being obvious over Shiozawa and Umetsu, as applied to claims 1 and 18, above, and in further view of Kerns (US 6078860 A), henceforth known as Kerns.
Kerns was first cited in IDS filed 10/3/2023.
Regarding claim 2, Shiozawa and Umetsu teach the controller according to claim 1. Umetsu further teaches:
the controller being further configured to:
(Umetsu, FIG. 1; ¶[0042])
receive a road load signal indicative of a torque value for maintaining a current speed of the vehicle;
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0042]; ¶[0047]; ¶[0054];
Where the controller 14 receives various types of sensor information such as vehicle speed (receive a road load signal) and calculates a target torque (indicative of a torque value) for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle (for maintaining a current speed of the vehicle))
receive a road load accelerator pedal position signal […], the road load accelerator pedal position signal being indicative of the reference accelerator pedal position;
(Umetsu, FIG. 3: (S2); FIG. 4: (A1); ¶[0039]; ¶[0050];
Where the controller 14 determines specified value A1 for the accelerator pedal depression amount (receive a road load accelerator pedal position signal […]) for comparison to a detected accelerator pedal depression amount (the road load accelerator pedal position signal being indicative of the reference accelerator pedal position))
receive an accelerator pedal position signal indicative of a current position of the accelerator pedal; and
(Umetsu, FIG. 3: (S1); ¶[0039]; ¶[0047];
Where controller 14 receives an accelerator pedal depression amount detected by sensor 10 (receive an accelerator pedal position signal indicative of a current position of the accelerator pedal))
compare the road load accelerator pedal position signal and the accelerator pedal position signal.
(Umetsu, FIG. 3: (S2); FIG. 4; ¶[0048]; ¶[0050];
Where the controller 14 compares the detected acceleration pedal depression amount (compare the road load accelerator pedal position signal) with the specified value A1 (and the accelerator pedal position signal) to determine whether the accelerator pedal operation amount is greater than or less than specified value A1).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Shiozawa and Umetsu are silent on the following limitations, bolded for emphasis. However, in the same field of endeavor, Kerns teaches:
[receive a road load signal... for maintaining a current speed of the vehicle;]
(Kerns, FIG. 4; Col 3, lines 32-35; Col 3, lines 24-34, 36-39, 63-67;
Where the PCM 16, implemented as a microcontroller, receives a signal corresponding to a speed of the vehicle ([receive a road load signal...]) in order to maintain a vehicle speed ([for maintaining a current speed of the vehicle;]))
[receive a road load accelerator pedal position signal] based at least in part on the road load signal, [the road load accelerator pedal position signal being indicative of the reference accelerator pedal position;]
(Kerns, FIG. 4; Col 3, lines 32-35; Col 3, line 63 to Col 4, line 5; Col 4, lines 36-43, 54-58;
Where the PCM 16, implemented as a microcontroller, determines the pedal position (%) shown in FIG. 4 ([receive a road load accelerator pedal position signal]) for curves z+, z, and z- which maintains constant vehicle speed based on the current vehicle speed (based at least in part on the road load signal), where the pedal position (%) shown in FIG. 4 constitutes a reference position ([the road load accelerator pedal position signal being indicative of the reference accelerator pedal position]) for maintaining a vehicle speed above a certain speed threshold; the acceleration pedal reference position for maintaining a vehicle speed varies as a function of vehicle speed (allows normal acceleration at low vehicle speeds) which is equivalent to determining a road load accelerator position based on the road load signal).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features taught by Kerns because “This provides vehicle operation that is similar to the driver's current expectation, i.e., it is not necessary to move the pedal beyond the natural position to start the vehicle in motion. This also eliminates problems with mode transitions that would occur if the speed control mode were simply disabled at low vehicle speeds... This speed is maintained until the driver either lets up on the pedal 14 or pushes the pedal 14. This effect would feel natural to the driver of the vehicle” (Kerns, Col 4, line 55 to Col 5, line 2).
That is, the feature of determining a reference accelerator pedal position according to a road load signal, e.g. a speed of the vehicle allows the driver to accelerate the vehicle normally which feels natural to a driver and eliminates problems with mode transitions.
Regarding claim 4, Shiozawa, Umetsu, and Kerns teach the controller according to claim 2. Kerns further teaches:
the controller being further configured to:
(Kerns, FIG. 1: (16); Col 3, lines 32-35;
Where the Powertrain Control Module (PCM) 16 is implemented by a microcontroller)
receive a maximum torque signal indicative of a maximum torque deliverable by a powertrain of the vehicle; and
(Kerns, FIG. 4; Col 3, lines 24-31; Col 4, lines 36-40; Col 5, lines 9-11;
Where the PCM 16 receives an accelerator pedal position when the accelerator pedal is at 100% of pedal travel, i.e. fully depressed which constitutes a maximum torque signal (receive a maximum torque signal) and where the PCM 16 commands a change in the powertrain to support the maximum torque signal (indicative of a maximum torque deliverable by a powertrain of the vehicle); the torque delivered by the powertrain based on the fully depressed accelerator pedal position at 100% constitutes a “maximum torque” deliverable by the powertrain as it is the maximum torque that can be request by the accelerator pedal, similar to page 10 of the specification: “Line 30 shows that the torque increases with respect to the accelerator pedal position to a maximum torque output relating to the maximum torque deliverable by the powertrain 2 when the accelerator pedal is fully pressed (100% accelerator pedal position)”)
determine the acceleration pedal map based at least in part on the road load signal and the maximum torque signal.
(Kerns, FIG. 4; Col 3, lines 36-39; Col 4, lines 36-40;
Where the PCM 16 determines the vehicle acceleration, shown in FIG. 4 (determine the acceleration pedal map), based on the vehicle’s speed (based at least in part on the road load signal) and the position of pedal 14 at 100% pedal travel, i.e. when fully depressed (and the maximum torque signal)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features taught by Kerns because “At higher vehicle speeds, the z curve may, if desired, be made to deviate from the natural position to discourage sustained high speed vehicle operation. As shown in FIG. 4, the driver of the vehicle must hold the pedal 14 down beyond the natural position in order to maintain a constant vehicle speed according to the z curves” (Kerns, Col 5, lines 3-7). That is, drivers can be discouraged from sustaining highspeed vehicle operation by requiring the driver of the vehicle to hold the pedal at 100% for the maximum torque, which increases safety.
Regarding claim 5, Shiozawa and Umetsu teach the controller according to claim 1. Shiozawa and Umetsu are silent on the following limitations, bolded for emphasis. However, in the same field of endeavor, Kerns teaches:
the controller being further configured to:
(Kerns, FIG. 1: (16); Col 3, lines 32-35;
Where the Powertrain Control Module (PCM) 16 is implemented by a microcontroller)
receive an overrun torque demand signal indicative of a level of overrun torque requested by a vehicle system; and
(Kerns, FIG. 4; Col 3, lines 24-31; Col 4, lines 2-5, 36-53;mCol 5, lines 9-11;
Where the PCM 16 receives an accelerator pedal position when the accelerator pedal is at 0% of pedal travel, i.e. fully released which constitutes a resistive torque signal (receive an overrun torque demand signal) and where the PCM 16 commands a change in the powertrain to support the deceleration of the vehicle based on the accelerator pedal (indicative of a level of overrun torque requested by a vehicle system); the torque delivered by the powertrain based on the fully released accelerator pedal position at 0% constitutes an “overrun torque” requested by the accelerator pedal, similar to page 10 of the specification: “Conversely, the torque output decreases with respect to pedal position to a minimum 5 when the accelerator pedal is fully released (0% accelerator pedal position), which relates to the maximum resistive torque or overrun torque requested from the electric motor 6 by a powertrain control unit 26”)
determine the deceleration pedal map based at least in part on a road load signal and the overrun torque demand signal.
(Kerns, FIG. 4; Col 3, lines 36-39; Col 4, lines 2-5, 36-53;
Where the PCM 16 determines the vehicle deceleration, shown in FIG. 4 (determine the deceleration pedal map), based on the vehicle’s speed (based at least in part on a road load signal) and the position of pedal 14 at 0% pedal travel, i.e. when fully released (and the overrun torque demand signal)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features taught by Kerns because “The present invention... enables the driver of the vehicle to control or maintain the speed of the vehicle utilizing only the position of the accelerator pedal 14” (Kerns, Col 3, lines 54-56). That is, the driver can control the vehicle’s speed using only the accelerator pedal, simplifying the driving process.
Regarding claim 6, Shiozawa, Umetsu, and Kearns teach the controller according to claim 2. Umetsu further teaches:
wherein the road load signal is a function of at least one of:
the current speed of the vehicle;
the gradient of the surface the vehicle is traversing; and
torque requested from a powertrain of the vehicle.
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0042]; ¶[0047]; ¶[0054];
Where the controller 14 receives various types of sensor information such as vehicle speed (wherein the road load signal is a function of at least one of: the current speed of the vehicle;...) and calculates a target torque for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Kerns with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Regarding claim 7, Shiozawa, Umetsu, and Kerns teach the controller according to claim 4. Kerns further teaches:
wherein the maximum torque signal is a function of at least one of:
the current speed of the vehicle;
the gradient of the surface the vehicle is traversing; and
torque requested from the powertrain of the vehicle.
(Kerns, FIG. 4; Col 3, lines 24-31; Col 4, lines 36-40; Col 5, lines 9-11;
Where the PCM 16 receives an accelerator pedal position when the accelerator pedal is at 100% of pedal travel, i.e. fully depressed which constitutes a maximum torque signal (wherein the maximum torque signal) which is a function of vehicle speed, as shown in FIG. 4 (is a function of at least one of: the current speed of the vehicle;...)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features described by Kerns for at least the same reasons outlined in claim 4, above.
Regarding claim 8, Shiozawa, Umetsu, and Kearns teach the controller according to claim 5. Kearns further teaches:
wherein the overrun torque demand signal is a function of at least one of:
a current speed of the vehicle;
the gradient of the surface the vehicle is traversing; and
torque requested from a powertrain of the vehicle.
(Kerns, FIG. 4; Col 3, lines 24-31; Col 4, lines 2-5, 36-53; Col 5, lines 9-11;
Where the PCM 16 receives an accelerator pedal position when the accelerator pedal is at 0% of pedal travel, i.e. fully released which constitutes a resistive torque signal (wherein the overrun torque demand signal) which is a function of vehicle speed, as shown in FIG. 4 (is a function of at least one of: a current speed of the vehicle...)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features described by Kerns for at least the same reasons outlined in claim 5, above.
Claim 15 is rejected under 35 U.S.C. 103 as being obvious over Shiozawa and Umetsu, as applied to claim 1, above, and in further view of Shono et al. (US 20130211686 A1), henceforth known as Shono.
Regarding claim 15, Shiozawa and Umetsu teach the controller according to claim 1. Umetsu further teaches:
the controller being configured to determine the torque output based at least in part on the speed of the vehicle, […].
(Umetsu, FIG. 1: (1); FIG. 2: (14); FIG. 3: (S1), (S2), (S3); FIG. 4: (A1), (R11), (R12), (M11); FIG. 5(a); FIG. 5(b); ¶[0042]; ¶[0048]; ¶[0050]; ¶[0051]; ¶[0052]; ¶[0056];
Where controller 14 (the controller) in step S3 of FIG. 3 sets a target torque (being configured to determine the torque output) based on a sliding scale of the acceleration gain in FIG. 5(a) and the deceleration gain in FIG. 5(b) for all speeds between the low vehicle speed and the high vehicle speed (based at least in part on the speed of the vehicle)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Shiozawa and Umetsu are silent on the following limitations, bolded for emphasis. However, in the same field of endeavor, Shono teaches:
and wherein a road load is used to set upper and lower limits of the acceleration pedal map and the deceleration pedal map.
(Shono, FIG. 6; FIG. 7; FIG. 14; ¶[0064]: target vehicle acceleration based on vehicle running speed; ¶[0087]-¶[0089]: vehicle acceleration output map, vehicle deceleration output map;
Where the vehicle speed (and wherein a road load) is used to determine the upper and lower limits of a vehicle acceleration and deceleration output map (is used to set upper and lower limits of the acceleration pedal map and the deceleration pedal map)).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features taught by Shono because “…where the vehicle is run in the automatic cruising control mode at relatively low running speeds at which an engine is required to be operated in an operating region of a comparatively low operating efficiency, the vehicle is run in the alternately accelerating and decelerating mode described above such that the accelerating run is performed with the engine operated in an operating region of a high operating efficiency, while the decelerating run is performed in a gliding mode with a small running resistance with the engine held at rest, so that the overall fuel economy of the vehicle can be improved” (Shono, ¶[0002]).
Claim 19 is rejected under 35 U.S.C. 103 as being obvious over Shiozawa and Umetsu, as applied to claim 18, above, and in further view of Kerns (US 6078860 A) and Spillane et al. (US 20030200016 A1), henceforth known as Kerns and Spillane, respectively.
Kerns was first cited in IDS filed 10/3/2023.
Regarding claim 19, Shiozawa ad Umetsu teach the method according to claim 18. Umetsu further teaches:
the method further comprising:
[…]
receiving a road load signal indicative of a torque value for maintaining a current speed of the vehicle;
(Umetsu, FIG. 3: (S1), (S2); FIG. 4: (M11), Target Acceleration 0; ¶[0042]; ¶[0047]; ¶[0054];
Where the controller 14 receives various types of sensor information such as vehicle speed (receiving a road load signal) and calculates a target torque (indicative of a torque value) for a vehicle acceleration of zero, i.e. no change to the speed of the vehicle (for maintaining a current speed of the vehicle))
receiving a road load accelerator pedal position signal […], the road load accelerator pedal position signal being indicative of the reference accelerator pedal position;
(Umetsu, FIG. 3: (S2); FIG. 4: (A1); ¶[0039]; ¶[0050];
Where the controller 14 determines specified value A1 for the accelerator pedal depression amount (receiving a road load accelerator pedal position signal […]) for comparison to a detected accelerator pedal depression amount (the road load accelerator pedal position signal being indicative of the reference accelerator pedal position))
receiving an accelerator pedal position signal indicative of a current position of the accelerator pedal; and
(Umetsu, FIG. 3: (S1); ¶[0039]; ¶[0047];
Where controller 14 receives an accelerator pedal depression amount detected by sensor 10 (receiving an accelerator pedal position signal indicative of a current position of the accelerator pedal))
comparing the road load accelerator pedal position signal and the accelerator pedal position signal.
(Umetsu, FIG. 3: (S2); FIG. 4; ¶[0048]; ¶[0050];
Where the controller 14 compares the detected acceleration pedal depression amount (comparing the road load accelerator pedal position signal) with the specified value A1 (and the accelerator pedal position signal) to determine whether the accelerator pedal operation amount is greater than or less than specified value A1).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa with the features described by Umetsu for at least the same reasons outlined in claim 1, above.
Shiozawa and Umetsu are silent on the following limitations, bolded for emphasis. However, in the same field of endeavor, Kerns teaches:
[receiving a road load signal... for maintaining a current speed of the vehicle;]
(Kerns, FIG. 4; Col 3, lines 32-35; Col 3, lines 24-34, 36-39, 63-67;
Where the PCM 16, implemented as a microcontroller, receives a signal corresponding to a speed of the vehicle ([receiving a road load signal...]) in order to maintain a vehicle speed ([for maintaining a current speed of the vehicle;]))
[receiving a road load accelerator pedal position signal] based at least in part on the road load signal, [the road load accelerator pedal position signal being indicative of the reference accelerator pedal position;]
(Kerns, FIG. 4; Col 3, lines 32-35; Col 3, line 63 to Col 4, line 5; Col 4, lines 36-43, 54-58;
Where the PCM 16, implemented as a microcontroller, determines the pedal position (%) shown in FIG. 4 ([receiving a road load accelerator pedal position signal]) for curves z+, z, and z- which maintains constant vehicle speed based on the current vehicle speed (based at least in part on the road load signal), where the pedal position (%) shown in FIG. 4 constitutes a reference position ([the road load accelerator pedal position signal being indicative of the reference accelerator pedal position]) for maintaining a vehicle speed above a certain speed threshold; the acceleration pedal reference position for maintaining a vehicle speed varies as a function of vehicle speed (allows normal acceleration at low vehicle speeds) which is equivalent to determining a road load accelerator position based on the road load signal).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa and Umetsu with the features taught by Kerns because “This provides vehicle operation that is similar to the driver's current expectation, i.e., it is not necessary to move the pedal beyond the natural position to start the vehicle in motion. This also eliminates problems with mode transitions that would occur if the speed control mode were simply disabled at low vehicle speeds... This speed is maintained until the driver either lets up on the pedal 14 or pushes the pedal 14. This effect would feel natural to the driver of the vehicle” (Kerns, Col 4, line 55 to Col 5, line 2).
That is, the feature of determining a reference accelerator pedal position according to a road load signal, e.g. a speed of the vehicle allows the driver to accelerate the vehicle normally which feels natural to a driver and eliminates problems with mode transitions.
Shiozawa and Umetsu both teach the acceleration pedal map and the deceleration pedal map (Shiozawa, FIG. 5; FIG. 8; FIG. 9; ¶[0011]; ¶[0048]-¶[0050]; ¶[0089]-¶[0091]; ¶[0134]) (Umetsu, FIG. 3: (S1), (S2), (S3); FIG. 4: (A1); ¶[0039]; ¶[0047]; ¶[0048]; ¶[0050]; ¶[0056]). Shiozawa, Umetsu, and Kerns are silent on the following limitations, bolded for emphasis.
However, in the same field of endeavor, Spillane teaches:
receiving a terrain mode selection, wherein the terrain mode selection is based on a user input;
(Spillane, FIG. 13; ¶[0112];
Where the user inputs the type of terrain)
adjusting [the… pedal map] based on the terrain mode selection;
(Spillane, FIG. 13; ¶[0112]; ¶[0113]; ¶[0032]; ¶[0080]; ¶[0090]-¶[0100];
Where the user inputs the type of terrain which adjusts the throttle map and the brake system).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date to combine the invention of Shiozawa, Umetsu, and Kerns with the features taught by Spillane because, regarding the prior art, “… the operating characteristics of such an integrated control system does not provide the driver with the ability to provide direct input regarding the surface terrain in an attempt to better select the appropriate subsystem configuration modes. This deficiency results in the less than optimal stability, handling, and safety performance of the vehicle” (Spillane, ¶[0007]) and “Therefore, to further expand the performance of motor vehicles including integrated control systems as noted above, there is a need for an integrated control system which will provide improved control of the vehicle on a broad range of surfaces.” (Spillane, ¶[0007]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Toukura (US 5749804 A) discloses an apparatus for controlling a continuously variable transmission for use with an automotive vehicle. The transmission is operable at a variable speed ratio for transmitting a drive from its input shaft to its output shaft. A target value for the speed of rotation of the input shaft of the transmission is calculated based on the sensed vehicle operating conditions including vehicle acceleration and vehicle speed. The target input shaft speed value is corrected to bring the vehicle acceleration into a predetermined range in the presence of the released accelerator pedal indicative signal. The speed ratio is controlled to bring the input shaft speed into coincidence with the corrected target input shaft speed value. The corrected target input shaft speed value is restricted below an upper limit set based on the vehicle speed.
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 Tawri M McAndrews whose telephone number is (571)272-3715. The examiner can normally be reached M-W (0800-1000).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lee can be reached at (571)270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.M.M./Examiner, Art Unit 3668
/JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668