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
Pending
1-3, 5-6
Cancelled
4
35 U.S.C. 103
1-3, 5-6
Response to Amendment
This office action is in response to applicant’s arguments and amendments filed 09/12/2025, which are in response to USPTO Office Action mailed 07/14/2025. Applicant’s arguments and amendments have been considered with the results that follow: THIS ACTION IS MADE FINAL.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 11/04/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are 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.
Claim(s) 1-2, 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lahti et al. (US 2021/0213948 A1, “Lahti”) and further in view of Gesang et al. 9US 2022/0097676 A1, “Gesang”).
Regarding claim 1: Lahti teaches: A control device for a vehicle, the control device comprising a processor configured to (see at least [0021] vehicles controlled in view of speed; [0025] processors):
acquire a slope at a current location, the current location being a point where the vehicle is located (see at least [0032] terrain info, grade, slope);
acquire a slope at a preceding location, the preceding location being a point ahead of the current location in a travel direction of the vehicle (see at least [0032] upcoming segment; slope at first distance, second slope at second distance; [0081] predicted speed info);
compare the slope at the current location and the slope at the preceding location (see at least [0032] upcoming segment; slope at first distance, second slope at second distance; [0081] predicted speed trajectory info generated as result of determining road segment includes incline grade having elevation that increases in platoon travel direction; prior to reaching road segment, systems of platoon obtain terrain info indicating that road segment includes incline grade);
increase a driving force of the vehicle on condition that the slope at the preceding location is greater than the slope at the current location by a predetermined value determined in advance or more (see at least [0081] predicted speed trajectory info; [0085] power output level; transitions to second power output level greater than first power output level; [0087] speed profile indicates vehicle speed accelerates before reaching incline);
collect and record a data point comprising a slope at a specific point [and] driving force of the vehicle at the specific point ([0033] info stored in memory that is accessed based on location of vehicle; info regarding grade of upcoming segment obtained from data structure, based on location of vehicle; [0112] following distance defined in memory; following distance correspond to road grade; stored in a data structure in association with corresponding road grade; determine which defined following distance to implement based on terrain info for segment of road; [0085] operates at first power output level while approaching incline, transitions to second power output level greater than first at position proximate to beginning of incline, vehicle operates at third power output level while approaching incline, transitions to fourth power level greater than third at position proximate to beginning of incline).
However, Lahti does not explicitly teach: collect and record a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point; and send the data point at the specific point to outside of the vehicle.
Gesang teaches: collect and record a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point; and send the data point at the specific point to outside of the vehicle ([0135] precision time service of GNSS, annotate structured big data with unique time series; subsystems measure, calculate and record their operating parameters annotated with time in real time locally within a measurement frequency; calculate and record operating data such as vehicle speed, torque, input shaft mechanical speed and torque, speed per hour, longitude and latitude, longitudinal slope and time service of the vehicle, distance and relative speed between the vehicle and the front vehicle; [0136] collects and assembles the dedicated structured big data generated in running process of truck with time annotation as reference of all subsystem measurement data; [0137] uploaded to cloud computing platform for storage via Internet, for analysis and processing; [0138] data packet uploaded to server of the cloud computing platform via the wireless communication; collect all fuel saving data packets of numerous trucks; seek dynamically optimal fuel-saying control strategy in each second and minute of time frame, adjust charging and discharging power of battery packs; meet the constantly changing vehicle road load power requirement in real time; [0089] improve the power performance of the vehicles which often work in the of going up a long slope at high speed under heavy loads).
Lahti and Gesang are analogous art to the claimed invention since they are from the similar field of vehicle controls based on road slope and driving forces. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Lahti with the aspects of Gesang to create, with a reasonable expectation for success, a vehicle control device that collects and records a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point, and sends the data point at the specific point to outside of the vehicle. The motivation for modification would have been to improve the actual performance of the powertrain of each heavy duty truck by correcting and improving continuously, in a tailored manner, truck operations such that the trucks can not only meet emission regulation limits at all times and places, but can also optimize the fuel saving effect of the heavy duty truck required by the emission regulations (Gesang, [0031]). The system architecture of the invention can improve the three ultimate goals of automobiles simultaneously: safety, energy saving and environmental protection (Gesang, [0128]).
Regarding claim 2: Lahti-Gesang further teach: The control device according to claim 1, wherein the processor is configured to (Lahti: [0025] processor-based system):
acquire a following distance from the vehicle to a preceding vehicle traveling ahead of the vehicle (Lahti: [0034] system determines following distance to adjacent vehicle ahead based on measurements received from sensors; [0057] determine following distance error to adjacent vehicle ahead based on difference between desired following distance and measured following distance); and
increase the driving force of the vehicle on condition that the slope at the preceding location is greater than the slope at the current location by the predetermined value or more and that the following distance is equal to or greater than a prescribed distance determined in advance (Lahti: [0081] incline grade; [0083] approaches incline grade, accelerate; [0085] power output levels; [0087]; [0057] desired following distance defined in memory of system; [0070] system adjust predicted maximum speeds based on following distance error, by adjusting maximum speed values to account for following distance error; [0119] vehicle to increase power output; predicted speed trajectory info that causes following vehicle to increase power output of following vehicle at position or position thereafter).
Regarding claim 5: Lahti teaches: A control device for a vehicle, the control device comprising a processor configured to ([0021] Fig. 1, vehicles travelling as platoon includes lead vehicle and following vehicles following lead vehicle; Each vehicle includes system to implement predictive ACC techniques where operation of vehicles is controlled in view of speed trajectory info communicated between vehicles and detected distances between vehicles; [0025] processor-based system)
acquire a slope at a current location, the current location being a point where the vehicle is located ([0032] terrain info for upcoming segment indicates grade (incline grade, decline grade) of upcoming segment of road, with defined grade or grade profile; obtain slope or steepness for positions along upcoming segment relative to certain position along road; certain position may be current position of ego-vehicle or lead vehicle; upcoming segment has first slope at first distance from certain position of vehicle on road, and upcoming segment has second slope at second distance from certain position of vehicle on road),
store the acquired slope at the current location for a certain period determined in advance ([0032] terrain info for upcoming segment indicates defined grade or grade profile; obtain slope or steepness for positions along upcoming segment relative to certain position along road; certain position may be current position of ego-vehicle or lead vehicle; [0033] terrain info include info stored in memory that is accessed based on location of vehicle; info regarding grade of upcoming segment obtained from data structure, such as lookup table, based on location of vehicle; obtained by vehicles previously travelling along upcoming segment; see Annotated Fig. 5),
compare the acquired slope at the current location and a slope at a travel point out of the stored slopes at the current locations ([0032] terrain info for upcoming segment indicates defined grade or grade profile; obtain slope or steepness for positions along upcoming segment relative to certain position along road; certain position may be current position of ego-vehicle or lead vehicle; upcoming segment has first slope at first distance from certain position of vehicle on road, and upcoming segment has second slope at second distance from certain position of vehicle on road; [0081] predicted speed trajectory info generated as result of determining road segment includes incline grade having elevation that increases in platoon travel direction; prior to reaching road segment, systems of platoon obtain terrain info indicating that road segment includes incline grade; see Annotated Fig. 5),
the travel point being a point located in an opposite direction to a travel direction of the vehicle ([0032] terrain info for upcoming segment indicates grade (incline grade, decline grade) of upcoming segment of road, with defined grade or grade profile; obtain slope or steepness for positions along upcoming segment relative to certain position along road; certain position may be current position of ego-vehicle or lead vehicle; upcoming segment has first slope at first distance from certain position of vehicle on road, and upcoming segment has second slope at second distance from certain position of vehicle on road; see Annotated Fig. 5),
increase a driving force of the vehicle on condition that the acquired slope at the current location is greater than the slope at the travel point by a predetermined value determined in advance or more ([0081] predicted speed trajectory info generated as result of determining road segment includes incline grade having elevation that increases in platoon travel direction; prior to reaching road segment, systems of platoon obtain terrain info indicating that road segment includes incline grade; [0083] when platoon of vehicles approaches incline grade, shift selected transmission gear of vehicle, and accelerate before reaching incline grade; facilitates prevention of downshifting on incline grade and reduce sag in speed experienced by vehicle while climbing incline grade; [0085] lead vehicle operates at first power output level while approaching incline grade on road segment and transitions to second power output level greater than first power output level at position along road segment at position proximate to beginning of incline grade; following vehicle operates at third power output level while approaching incline grade on road segment and transitions to fourth power level greater than third power output level at position along road segment at position proximate to beginning of incline grade; [0087] for road segment including incline grade, platoon travels at relatively constant speed; speed profile indicates that vehicle speed of platoon accelerates before reaching incline to certain speed upper limit which be determined based on maximum predicted speed for platoon and following distance error of vehicles);
collect and record a data point comprising a slope at a specific point [and] driving force of the vehicle at the specific point ([0033] info stored in memory that is accessed based on location of vehicle; info regarding grade of upcoming segment obtained from data structure, based on location of vehicle; [0112] following distance defined in memory; following distance correspond to road grade; stored in a data structure in association with corresponding road grade; determine which defined following distance to implement based on terrain info for segment of road; [0085] operates at first power output level while approaching incline, transitions to second power output level greater than first at position proximate to beginning of incline, vehicle operates at third power output level while approaching incline, transitions to fourth power level greater than third at position proximate to beginning of incline).
However, Lahti does not explicitly teach: collect and record a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point, and send the data point at the specific point to outside of the vehicle.
Gesang teaches: collect and record a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point, and send the data point at the specific point to outside of the vehicle ([0135] precision time service of GNSS, annotate structured big data with unique time series; subsystems measure, calculate and record their operating parameters annotated with time in real time locally within a measurement frequency; calculate and record operating data such as vehicle speed, torque, input shaft mechanical speed and torque, speed per hour, longitude and latitude, longitudinal slope and time service of the vehicle, distance and relative speed between the vehicle and the front vehicle; [0136] collects and assembles the dedicated structured big data generated in running process of truck with time annotation as reference of all subsystem measurement data; [0137] uploaded to cloud computing platform for storage via Internet, for analysis and processing; [0138] data packet uploaded to server of the cloud computing platform via the wireless communication; collect all fuel saving data packets of numerous trucks; seek dynamically optimal fuel-saying control strategy in each second and minute of time frame, adjust charging and discharging power of battery packs; meet the constantly changing vehicle road load power requirement in real time; [0089] improve the power performance of the vehicles which often work in the of going up a long slope at high speed under heavy loads).
Lahti and Gesang are analogous art to the claimed invention since they are from the similar field of vehicle controls based on road slope and driving forces. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Lahti with the aspects of Gesang to create, with a reasonable expectation for success, a vehicle control device that collects and records a data point comprising a slope at a specific point where the vehicle has traveled paired with the driving force of the vehicle at the specific point, and sends the data point at the specific point to outside of the vehicle. The motivation for modification would have been to improve the actual performance of the powertrain of each heavy duty truck by correcting and improving continuously, in a tailored manner, truck operations such that the trucks can not only meet emission regulation limits at all times and places, but can also optimize the fuel saving effect of the heavy duty truck required by the emission regulations (Gesang, [0031]). The system architecture of the invention can improve the three ultimate goals of automobiles simultaneously: safety, energy saving and environmental protection (Gesang, [0128]).
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Annotated Fig. 5: Examiner has annotated the above image with points (A), (B), and (C) to better illustrate the mapping of the prior art to the fourth limitation of claim 5. Herein, the slope data measured by the vehicle is stored by the processor/memory. As stated in Lahti [0032], “The cruise control system 110 may determine or obtain information regarding slope or steepness for a plurality of positions along the upcoming segment 122 relative to a certain position along the road.”
Thus, the vehicle can collect and store slope data at point (A), can continue driving to point (B) where it collects and stores slope data, and can continue driving, collecting, and storing data at point (C). Then the vehicle can: (I) compare the slopes from points (A) and (B); (II) compare the slopes from points (A) and (C); or (II) compare the slopes from points (B) and (C). In scenarios (I) and (II), point (A) would be the travel point located in an opposite direction to a travel direction of the vehicle, and points (B) or (C) would be the current location. In scenario (III), point (B) would be the travel point located in an opposite direction to a travel direction of the vehicle, and point (C) would be the current location.
Lahti [0032] summarizes this with, “the cruise control system 110 may determine that the upcoming segment 122 has a first slope at a first distance from the certain position of the vehicle on the road 104, and determine that the upcoming segment 122 has a second slope at a second distance from the certain position of the vehicle on the road 104.” By using current and previously saved data, Lahti can ‘look forward’ by using data that ‘moves’ in the opposite direction.
Regarding claim 6: Lahti-Gesang further teach: The control device according to claim 1, wherein the processor is configured to collect and record a plurality of data points over a prescribed period of time (Lahti: [0033] info stored in memory; grade of upcoming segment, location of vehicle; [0112] following distance in memory correspond to road grade based on terrain info; [0085] power output levels; Gesang: [0135] precision time service of GNSS, annotate structured big data with unique time series; subsystems measure, calculate and record their operating parameters annotated with time in real time locally within a measurement frequency; [0136] collects and assembles the dedicated structured big data generated in running process of truck with time annotation as reference of all subsystem measurement data),
each data point comprising the slope paired with the driving force and a vehicle speed at the specific point where the vehicle has traveled (Lahti: [0033] location of vehicle; grade of upcoming segment; [0112] following distance correspond to road grade and terrain; [0085] power output levels; Gesang: [0135] precision time service of GNSS, annotate structured big data with unique time series; calculate and record operating data such as vehicle speed, torque, input shaft mechanical speed and torque, speed per hour, longitude and latitude, longitudinal slope and time service of the vehicle, distance and relative speed between the vehicle and the front vehicle; [0136] collects and assembles the dedicated structured big data generated in running process of truck with time annotation as reference of all subsystem measurement data), and
repeatedly transmit the plurality of data points as travel data to the outside of the vehicle (Gesang: [0136] collects and assembles the dedicated structured big data; [0137] uploaded to cloud computing platform; [0138] data packet uploaded to server of the cloud computing platform via the wireless communication; collect all fuel saving data packets of numerous trucks; seek dynamically optimal fuel-saying control strategy in each second and minute of time frame, adjust charging and discharging power of battery packs; meet the constantly changing vehicle road load power requirement in real time).
The motivation for modification would have been to improve the actual performance of the powertrain of each heavy duty truck by correcting and improving continuously, in a tailored manner, truck operations such that the trucks can not only meet emission regulation limits at all times and places, but can also optimize the fuel saving effect of the heavy duty truck required by the emission regulations (Gesang, [0031]). The system architecture of the invention can improve the three ultimate goals of automobiles simultaneously: safety, energy saving and environmental protection (Gesang, [0128]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lahti et al. (US 2021/0213948 A1, “Lahti”) and Gesang et al. 9US 2022/0097676 A1, “Gesang”), and further in view of Slaton et al. (US 2016/0082963 A1, “Slaton”).
Regarding claim 3: Lahti-Gesang further teach: The control device according to claim 1, wherein the processor is configured to (Lahti: [0025] processor-based system) […] increasing the driving force of the vehicle in response to the slope at the preceding location being greater than the slope at the current location by the predetermined value or more ([0083] when platoon of vehicles approaches incline grade, shift selected transmission gear of vehicle, and accelerate before reaching incline grade; [0085] lead vehicle operates at first power output level while approaching incline grade on road segment and transitions to second power output level greater than first power output level at position along road segment at position proximate to beginning of incline grade).
However, Lahti-Gesang does not explicitly teach, but Slaton does teach:
notify a user of the vehicle when increasing the driving force of the vehicle […] ([0007] system analyzes roadway slope information calculates a PCC set speed based on the roadway slope information and currently active speed control band, which is selected by an operator of the vehicle; computer system presents an operator notification indicating upcoming change in roadway slope based on roadway slope information or operator notification indicating an upcoming change in vehicle speed based on the calculated PCC set speed; [0060] speedometer graphic updated to indicate that truck is speeding up from 55 mph; slope diagram updated to indicate upcoming hill climb; see also [0061]).
Lahti-Gesang and Slaton are analogous art to the claimed invention since they are from the similar field of vehicle controls based on road gradients. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Lahti-Gesang with the components of Slaton to create, with a reasonable expectation for success, a vehicle control device that notifies a user of the vehicle when increasing the driving force of the vehicle in response to the slope at the preceding location being greater than the slope at the current location by the predetermined value or more. The motivation for modification would have been to have better communication with the vehicle user, which can provide safety and compliance-related benefits while encouraging the user to allow the PCC system to remain active whenever cruise control is active, and thus achieve the expected fuel economy improvement (Slaton, [0022]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MADISON B EMMETT whose telephone number is (303)297-4231. The examiner can normally be reached Monday - Friday 9:00 - 5:00 ET.
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/MADISON B EMMETT/Examiner, Art Unit 3658
/THOMAS E WORDEN/Supervisory Patent Examiner, Art Unit 3658