DETAILED ACTION
This Non-Final Office Action is in response to the claims filed on 10/26/2023.
Claims 1-20 are currently pending
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 .
In view of the appeal brief filed on 3/26/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
{ 4 }
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Semenov et al. (US 2022/0097701).
As to claim 1 the controller programming can be broken up in to two limitations
(1) in response to the vehicle being on an uphill grade, command a torque to the powerplant based on a driver-demanded wheel torque plus (+) a compensation torque to mitigate (equal or total) a gravitational resistance associated with the uphill grade
(2) wherein the compensation torque is derived (resulting, equal or total) from [a resistance torque corresponding (equivalent or matching or equaling) to the gravitational resistance] less (-) a value based on the driver-demanded torque.
The limitation (1) can be interpreted as the following equation:
command a torque to the powerplant =Compensation torque + driver demand torque
the “command a torque to the powerplant” is to mitigate (equal or total) a gravitational resistance associated with the uphill grade (see the above claim (1) limitation).
Therefore to be clear “command a torque to the powerplant” = a gravitational resistance associated with the uphill grade.
a resistance torque = to the gravitational resistance see the second limitation within the brackets “[ ]”
Finally this can be substituted to create the following equation
resistance torque =Compensation torque + driver demand torque
This limitation (2) can be interpreted as the following equation:
Compensation torque = resistance torque - driver demand torque
“a value based on the driver demanded torque” (see applicants’ paragraph 0013 that defines this as a positive or negative driver demand torque)
Therefore the claim is reciting the same equation twice but arranged differently.
As to claim 1Semenov discloses a vehicle comprising:
a powerplant (figure 1 #14); and
a controller (figure 1 #24) programmed to, in response to the vehicle (see abstract) being on an uphill grade (called the pitch angle or gradient of a road surface, paragraph 0024), command a torque to the powerplant based on a driver-demanded wheel torque (figure 2 #104 and paragraph 0027 “The method 100 then moves on to block 104 where it is determined if the accelerator pedal 34 has been depressed “ also see paragraph 0019) plus a compensation torque (figure 1 #112) to mitigate a gravitational resistance associated with the uphill grade (the gradient or pitch is the uphill grade as gradient means the inclined part of a roadway) ((figure 1 #108),
wherein
the compensation torque (figure 1 #112) is derived from a [resistance torque corresponding (equaling) to the gravitational resistance] (called the pitch angle or gradient of a road surface, paragraph 0024) less a value based on the driver-demanded torque (figure 2 #104 and paragraph 0027 “The method 100 then moves on to block 104 where it is determined if the accelerator pedal 34 has been depressed “).
As to claim 2 Semenov discloses the vehicle of claim 1, wherein the controller is further programmed to, in response to the vehicle being on a downhill grade (the system will compensate for any road grade (paragraph 0030)), command another torque to the powerplant based on the driver-demanded wheel torque less another compensation torque to mitigate a gravitational assistance associated with the downhill grade, wherein the another compensation torque is derived from an assistance torque corresponding to the gravitational assistance less a value based on the driver-demanded torque. (The system will operate the same as above on a uphill or downhill grade as they are both grades and the prior art does not specify either but would encompass both.)
As to claim 3 Semenov discloses the vehicle of claim 1, wherein the compensation torque (108) is equal to the resistance torque less the driver-demanded torque multiplied by a gain (broadly interpreted the gain could be any number including 1 so in this case the compensation torque is called the adjusted torque and it is multiplied by a gain of one).
As to claim 4 Semenov discloses the vehicle of claim 3, wherein the gain is a predetermined value (predetermined value of 1).
As to claim 5 Semenov discloses the vehicle of claim 3, wherein the gain is based on the driver-demanded torque (broadly interpreted the gain of 1 disclosed above is based on the left-over torque needed to prevent the back roll of the vehicle).
As to claim 6 Semenov discloses the vehicle of claim 1 further comprising an accelerometer (paragraph 0024).
As to claim 7 Semenov discloses the vehicle of claim 6, wherein the controller is further programmed to calculate the resistance torque based on data from the accelerometer. (paragraph 0024)
As to claim 8 Semenov discloses the vehicle of claim 1, wherein the powerplant is an electric machine (paragraph 0011).
As to claim 9 Semenov discloses a vehicle comprising:
A power plant (14);
an accelerator pedal (34);
a sensor associated with the accelerator pedal and configured to output data indicative of accelerator pedal position (paragraph 0019); and
a controller (32) programmed to command a torque that includes a gravitational-offset component (compensation torque in step 112) to the powerplant when the vehicle is on non-flat road grade, wherein the torque is commanded such that the gravitational-offset component converges towards zero as the accelerator pedal position increases.
(See figure 3. As the accelerator pedal position is increase the UVM compensation torque converges to zero).
As to claim 10 Semenov discloses the vehicle of claim 9, wherein the gravitational-offset component is less than a gravitational-resistance torque associated with the road grade.
[0027] The method 100 is initiated at start block 102. The method 100 may be initiated at start block 102 by turning a start key or ignition of the vehicle 10 to an "on" position. The method 100 then moves on to block 104 where it is determined if the accelerator pedal 34 has been depressed while the vehicle 10 is in a stopped or stationary position. If the answer at block 104 is NO, the method 100 recycles back to the beginning of block 104. If the answer at block 104 is YES, the method 100 moves on to block 106, where the friction brakes 38 are released and a desired torque is commanded to the electric machine (e.g., M/G 14). The method 100 then moves on to block 388 where the desired torque commanded to the electric machine is adjusted based on a gradient of a road surface that the vehicle 10 is positioned on. More specifically at block %8&, the sensor 46 may detect a pitch angle of the vehicle 10 due to the road gradient and the desired torque commanded to the electric machine may be adjusted based on the detected pitch angle of the vehicle 10.
The gravitational-offset component is the "adjusted based on a gradient of a road surface that the vehicle" from above. As it is an adjustment it is not the full gravitational-resistance torque associated with the road grade but a part that is in addition to the desired torque provided by the driver.
As to claim 11 Semenov discloses the vehicle of claim 9, wherein the gravitational-offset component (the adjustment disclosed above) is based on a gravitational-resistance torque associated with the road grade and a driver-demanded wheel torque. (see paragraph 0027 above)
As to claim 12 Semenov discloses the vehicle of claim 11, wherein the gravitational-offset component (adjustment in paragraph 0027) is further based on a gain that is a function of the accelerator pedal position. (as disclosed above it is based on the accelerator and the adjustment will be less as more accelerator is applied).
As to claim 13 Semenov discloses the vehicle of claim 9, wherein the gravitational-offset component (adjustment to desired torque step 108) is based on a gravitational-resistance torque associated with the road grade and a driver-demanded wheel torque (paragraph 0027).
As to claim 14 Semenov discloses the vehicle of claim 9, wherein the gravitational-offset component (adjustment to desired torque step 108) is a positive value when the road grade is uphill (When the pitch is uphill to prevent roll back in step 110 the system will need to add positive torque) and is a negative value when the road grade is downhill (When the pitch is downhill to prevent roll forward in step 110 the system will need to take way torque).
As to claim 15 Semenov discloses the vehicle of claim 9 further comprising an accelerometer, wherein the gravitational-offset component is based on data from the accelerometer. (paragraph 0024)
As to claim 16 Semenov discloses the vehicle of claim 9, wherein the powerplant is an electric machine (paragraph 0011).
As to claim 17 Semenov discloses a method for offsetting gravitation effects in vehicles, the method comprising:
commanding a torque that includes a gravitational-offset component to a powerplant of a vehicle when the vehicle is on non-flat road grade, wherein the torque is commanded such that the gravitational-offset component converges towards zero as an accelerator pedal position increases.
(See figure 3. As the accelerator pedal position is increase the UVM compensation torque converges to zero).
As to claim 18 Semenov discloses the vehicle of claim 17, wherein the gravitational-offset component is less than a gravitational-resistance torque associated with the road grade.
[0027] The method 100 is initiated at start block 102. The method 100 may be initiated at start block 102 by turning a start key or ignition of the vehicle 10 to an "on" position. The method 100 then moves on to block 104 where it is determined if the accelerator pedal 34 has been depressed while the vehicle 10 is in a stopped or stationary position. If the answer at block 104 is NO, the method 100 recycles back to the beginning of block 104. If the answer at block 104 is YES, the method 100 moves on to block 106, where the friction brakes 38 are released and a desired torque is commanded to the electric machine (e.g., M/G 14). The method 100 then moves on to block <@& where the desired torque commanded to the electric machine is adjusted based on a gradient of a road surface that the vehicle 10 is positioned on. More specifically at block 188, the sensor 46 may detect a pitch angle of the vehicle 10 due to the road gradient and the desired torque commanded to the electric machine may be adjusted based on the detected pitch angle of the vehicle 10.
The gravitational-offset component is the "adjusted based on a gradient of a road surface that the vehicle" from above. As it is an adjustment it is not the full gravitational-resistance torque associated with the road grade but a part that is in addition to the desired torque provided by the driver.
As to claim 19 Semenov discloses the vehicle of claim 17, wherein the gravitational-offset component (adjustment to desired torque step 108) is based on a gravitational-resistance torque associated with the road grade and a driver-demanded wheel torque (paragraph 0027).
As to claim 20 Semenov discloses the vehicle of claim 19, wherein the gravitational-offset component (adjustment in paragraph 0027) is further based on a gain that is a function of the accelerator pedal position. (as disclosed above it is based on the accelerator and the adjustment will be less as more accelerator is applied).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERMAN D MANLEY whose telephone number is (571)270-5539. The examiner can normally be reached M-TH 7-5:30 est.
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, Logan Kraft can be reached at 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SHERMAN D. MANLEY
Examiner
Art Unit 3747
/SHERMAN D MANLEY/Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
Prosecution Insights