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
This action is in response to the claims filed 06/23/2026. Wherein, claims 1, 3, 9, and 11 are amended, claim 16 is new. Claims 1-16 are rejected.
Response to Arguments
Applicants amendments have overcome the previous double patenting rejection. Therefore, the previous double patenting rejections have been withdrawn.
Applicant’s arguments, see REMARKS, filed 06/23/2026, with respect to the rejection of claims 3 and 11, rejected under 35 USC § 112b, have been fully considered and are persuasive. Therefore, the previous rejections have been withdrawn.
Applicant’s arguments with respect to claim(s) 1-15, rejected under 35 USC § 103, 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.
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.
Claim(s) 1-3, 8-11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mackenzie et al. (US 2021/0184294 A1, “Mackenzie”) in view of Rao (What is Poppet Valve? When we Use a Poppet Valve?, “Rao”), in further view of Nakagawa (JP 2021104765 A [Machine Translation], “Nakagawa”), and in further view of Light et al. (US 2011/0166727 A1, “Light”).
Regarding claims 1, 9, and 16, Mackenzie discloses electrified vehicle thermal management systems with combinable battery pack and electric drive component cooling circuits and teaches:
A thermal management system for an electric drive module (EDM) configured to generate and transfer drive torque to a driveline for propulsion of an electric vehicle, the thermal management system comprising: (A thermal management system according to an exemplary aspect of the present disclosure includes, among other things, a battery pack, a battery cooling circuit configured to thermally manage the battery pack, an electric drive component, an e-drive cooling circuit configured to thermally manage the electric drive component, and a first multi-position valve configured to control a flow of a coolant – See at least ¶ [0004])
a motor housing having an electric motor and a sump; (In a further non-limiting embodiment of any of the foregoing systems, the coolant subsystem includes a radiator, a degas overflow bottle, at least one T-joint, a pump, a heat exchanger, and a second multi-position valve – See at least ¶ [0010])
a pump that delivers fluid through a hydraulic circuit to the electric motor; (The pump 106 circulates the coolant C through the coolant subsystem 94. In an embodiment, the pump 106 is located between the outlet 114 of the radiator 100 and an inlet 116 of the ISC 58 or any other electric drive component requiring cooling. However, the pump 106 could be located elsewhere within the coolant subsystem 94 – See at least ¶ [0051])
a [control] valve disposed in the fluid circuit and selectively communicating fluid from the fluid circuit (A thermal management system according to an exemplary aspect of the present disclosure includes, among other things, a battery pack, a battery cooling circuit configured to thermally manage the battery pack, an electric drive component, an e-drive cooling circuit configured to thermally manage the electric drive component, and a first multi-position valve configured to control a flow of a coolant – See at least ¶ [0004]) to at least one shower head on the motor housing []; and (In a further non-limiting embodiment of any of the foregoing systems, a coolant line connects between the first multi-position valve and a T-joint of the e-drive cooling circuit – See at least ¶ [0018])
a controller configured to: (In an embodiment, the thermal management system 54 includes a battery cooling circuit 55 and an e-drive cooling circuit 56. The battery cooling circuit 55 may be controlled to manage the thermal load generated by the battery pack 24, and the e-drive cooling circuit 56 may be controlled to manage the thermal load generated by one or more electric drive com ponents (e.g., an electric motor 57 and/or an inverter system controller (ISC) 58) of the electrified vehicle 12 – See at least ¶ [0036])
operate the pump at an initial speed; (if a YES flag is returned at block 204, the method 200 may proceed to block 208 by commanding the pump 122 ON at a low speed setting – See at least ¶ [0074])
determine whether a [temperature] of the system exceeds a [temperature] threshold; and (Next, at block 210, the control unit 130 may determine whether the current stator coil temperature of the electric motor 57 is greater than a predefined stator coil temperature value Tsc – See at least ¶ [0075])
operate the pump at a second modified speed, higher than the initial speed, wherein the second modified speed increases a pressure in the hydraulic circuit thereby opening the poppet valve. (If YES, the control unit 130 commands the pump 122 ON at a high speed setting at block 212. The method 200 may then return to block 204 and the method 200 may be repeated throughout vehicle operation – See at least ¶ [0075])
Mackenzie discloses valves selectively communicate fluid within the cooling system. Mackenzie does not explicitly disclose the type of valves used. However, Rao discloses direction control valves and teaches:
a poppet valve disposed in the fluid circuit and selectively communicating fluid (The above figure shows the simplified poppet valve. The basic construction of a poppet valve comprises a movable poppet that closes against a valve seat. Pressure from the inlet serves to hold the valve tightly closed. A little force is required to the poppet stem that opens the poppet. The action is similar to the internal combustion of an automobile engine. In certain applications, the poppet valves are operated by solenoids also, in which, poppet stem is actuated by energized solenoid coil. The poppet stem usually has an O-ring seal, seated in a groove, and acts to stop fluid leakage. In some valves, the poppets are held in seated positions by springs. The number of poppets in a valve depends on the purpose of the valve used – See pg. 2-3)
wherein the poppet valve is configured to remain closed and prevent fluid flow to the at least one shower head when a volumetric flow rate in the hydraulic circuit is below a defined opening threshold, and to open and permit fluid flow to the at least one shower head when the volumetric flow rate meets or exceeds the opening threshold (The above figure shows the simplified poppet valve. The basic construction of a poppet valve comprises a movable poppet that closes against a valve seat. Pressure from the inlet serves to hold the valve tightly closed. A little force is required to the poppet stem that opens the poppet. The action is similar to the internal combustion of an automobile engine. In certain applications, the poppet valves are operated by solenoids also, in which, poppet stem is actuated by energized solenoid coil. The poppet stem usually has an O-ring seal, seated in a groove, and acts to stop fluid leakage. In some valves, the poppets are held in seated positions by springs – See at least pg. 2-3; Examiner notes that the springs act as a force against the fluid pressure and when the fluid pressure, i.e., volumetric flow rate, achieves a value it overcomes the power of the spring and opens the valve.)
and reduce pump speed to decrease pressure in the hydraulic circuit, thereby closing the poppet valve. (In the case of a spring controlled poppet valve, when the pump seed decreases pressure to a threshold point of the spring overpowering the force of the fluid, the poppet valve automatically closes.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie to provide for the poppet valves, as taught in Rao, because poppet valves have an intrinsic characteristic of fast response and they find application in control circuits. (At Rao pg. 3)
The combination of Mackenzie and Rao does not explicitly teach that the coolant distribution is via at least one shower head on the motor housing. However, Nakagawa discloses oil passage structure and teaches:
a [control] valve disposed in the fluid circuit and selectively communicating fluid from the fluid circuit to at least one shower head on the motor housing; (The cooling pipe 90 is provided in the motor chamber 41 inside the transaxle housing 40. As shown in FIG. 5, the cooling pipe 90 includes a first cooling pipe 91 provided above the first electric motor 20 (Up) and a second cooling pipe 92 provided above the second electric motor 30 (Up). The cooling pipes 90 (first cooling pipe 91, second cooling pipe 92) are provided with oil outlets 93, and oil supplied to the cooling pipes 90 is sprayed in a shower-like manner from the oil outlets 93 toward each electric motor 18, thereby cooling each electric motor 18 – See at least ¶ [0037])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie and Rao to provide for the shower head, as taught in Nakagawa, so the oil passage can be formed without using other members such as a plug. This reduces the number of parts required to block the oil passage, contributing to cost and weight reduction. (At Nakagawa ¶ 0007[])
Mackenzie discloses determining a temperature of the system and operating the pump on a high speed if that temperature value meets a threshold. The combination of Mackenzie, Rao, and Nakagawa does not explicitly teach determine whether a power loss of the system exceeds a power loss threshold. However, Light discloses method and system for controlling operation of an electric oil pump in hybrid vehicle and teaches:
determine whether a power loss of the system exceeds a power loss threshold (At block 88, one or more levels of power loss or heat loss in the HEV 14 is obtained. The controller 60, which may include the HCU 62 in communication with the pump con troller 64, may obtain the levels of heat loss of the HEV 14 either alone or in combination with the VSC/PCM 65. For example, the controller 60 may calculate the power loss based on an estimated power loss in the electric motor 28, the electric generator 26, the electronic power converter in the HEV 14. The power loss of the motor 28 and electric genera tor 26 may be represented as P.)
and operate the pump at a second modified speed, higher than the initial speed based on the determination that a power loss of the system exceeds the power loss threshold, (At block 90, a speed for the electric oil pump 12 is determined. The speed that is determined for the electric oil pump 12 may be referenced as a commanded speed. Block 90 (shown in FIG. 2) may correspond to a set of steps of flow chart diagram 100 (shown in FIG. 3). The controller 60, which may include the HCU 62 in communication with the pump controller 64, may determine the speed for the electric oil pump 12 either alone or in combination with the VSC/PCM 65. The controller 60 may determine the speed for the electric oil pump 12 based on whether the engine 16 in the HEV 14 is in an ON state, one or more operating modes of the HEV 14, one or more temperature levels, one or more levels of power loss or heat loss in the HEV 14, or a combination thereof – See at least ¶ [0049]) wherein the second modified speed increases a pressure in the hydraulic circuit thereby opening the [] valve; (With continuing reference to block 90, the pump controller 64 may command the electric oil pump 12 to operate at a high speed when the HEV 14 experiences an aggressive operating mode including high torques and a relatively high ambient temperature outside the HEV 14 – See at least ¶ [0050] and ¶ [0026])
determine that a power loss associated with operating the pump at the second modified speed exceeds a pump power loss threshold; (At block 120, the electric oil pump 12 is controlled to operate at a low speed for the pump operating time. The pump controller 64 can control the speed of the electric oil pump 12 as well as the operating time of the electric oil pump 12. The controller 60, which may include the HCU 62 in communication with the pump controller 64, may transmit a signal with the commanded speed and pump operating time to the pump controller 64. The controller 60 may determine the low speed or low commanded speed for the electric oil pump 12 based on determining a speed of the electric oil pump 12 that achieves a predetermined balance or ratio of energy used for cooling and/or lubrication of the transaxle 22 and energy from the battery 18 used to operate electric devices in the HEV 14. The pump controller 64 receives the signal to operate the electric oil pump 12 at the commanded speed for the operating time – See at least ¶ [0067]; Here the system considers the use of the energy of the battery to control the electric pump, i.e., a power loss of the pump power, to operate the pump in a slower mode.)
In summary, Mackenzie discloses determining a temperature of a motor and increasing the pump to cool the motor in response to the temperature meeting a threshold value. The combination of Mackenzie, Rao, and Nakagawa does not explicitly teach determine whether a power loss of the system exceeds a power loss threshold. However, Light teaches method and system for controlling operation of an electric oil pump in a hybrid electric vehicle and teaches a direct relationship between increasing a pump based on a decreasing system power.
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the electrified vehicle thermal management systems with combinable battery pack and electric drive component cooling circuits of Mackenzie, Rao, and Nakagawa to provide for the method and system for controlling operation of an electric oil pump, as taught in Light, to command an oil pump speed that achieves a balance between cooling and/or lubrication and consuming electric power. (At Light ¶ [0051])
Regarding claim 2, the combination of Mackenzie, Rao, and Light does not explicitly teach, but Nakagawa further teaches:
wherein the motor housing defines at least two shower heads that dispense fluid onto components of the electric motor. (The cooling pipe 90 is provided in the motor chamber 41 inside the transaxle housing 40. As shown in FIG. 5, the cooling pipe 90 includes a first cooling pipe 91 provided above the first electric motor 20 (Up) and a second cooling pipe 92 provided above the second electric motor 30 (Up). The cooling pipes 90 (first cooling pipe 91, second cooling pipe 92) are provided with oil outlets 93, and oil supplied to the cooling pipes 90 is sprayed in a shower-like manner from the oil outlets 93 toward each electric motor 18, thereby cooling each electric motor 18 – See at least ¶ [0037])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Rao, and Light to provide for the shower head, as taught in Nakagawa, so the oil passage can be formed without using other members such as a plug. This reduces the number of parts required to block the oil passage, contributing to cost and weight reduction. (At Nakagawa ¶ [0007])
Regarding claims 3 and 11, Mackenzie, Rao, and Light does not explicitly teach, but Nakagawa further teaches:
wherein the [cooling pipe] is arranged at a top end of the motor housing. (The cooling pipe 90 is provided in the motor chamber 41 inside the transaxle housing 40. As shown in FIG. 5, the cooling pipe 90 includes a first cooling pipe 91 provided above the first electric motor 20 (Up) and a second cooling pipe 92 provided above the second electric motor 30 (Up). The cooling pipes 90 (first cooling pipe 91, second cooling pipe 92) are provided with oil outlets 93, and oil supplied to the cooling pipes 90 is sprayed in a shower-like manner from the oil outlets 93 toward each electric motor 18, thereby cooling each electric motor 18 – See at least ¶ [0037])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Rao, and Light to provide for the shower head, as taught in Nakagawa, so the oil passage can be formed without using other members such as a plug. This reduces the number of parts required to block the oil passage, contributing to cost and weight reduction. (At Nakagawa ¶ [0007])
The combination of Mackenzie, Light, and Nakagawa does not explicitly teach the use of poppet valves. However, Rao further teaches:
[] the poppet valve [] (The above figure shows the simplified poppet valve. The basic construction of a poppet valve comprises a movable poppet that closes against a valve seat. Pressure from the inlet serves to hold the valve tightly closed. A little force is required to the poppet stem that opens the poppet. The action is similar to the internal combustion of an automobile engine. In certain applications, the poppet valves are operated by solenoids also, in which, poppet stem is actuated by energized solenoid coil. The poppet stem usually has an O-ring seal, seated in a groove, and acts to stop fluid leakage. In some valves, the poppets are held in seated positions by springs. The number of poppets in a valve depends on the purpose of the valve used – See pg. 2-3)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Nakagawa, and Light to provide for the poppet valves, as taught in Rao, because poppet valves have an intrinsic characteristic of fast response and they find application in control circuits. (At Rao pg. 3)
Regarding claim 13, Mackenzie further teaches:
determining whether at least one of the first and second temperatures is less than a threshold and reducing the speed of the pump based on a determination that at least one of the first and second temperatures is less than the threshold. (As shown in Fig. 4, the system compares motor temperatures to a threshold value, if that value is exceeded the system operates the speed at a higher speed. If the threshold is not exceeded then it operates at a lower speed. The algorithm is performed in a loop, therefore, when the motor is cooled by the high speed setting, then the speed will reduce to the low speed setting.)
Regarding claim 14, Mackenzie further teaches:
determining whether at least one of the first and second temperatures is greater than a threshold and increasing the speed of the pump based on a determination that at least one of the first and second temperatures is greater than the threshold. (As shown in Fig. 4, the system compares motor temperatures to a threshold value, if that value is exceeded the system operates the speed at a higher speed. If the threshold is not exceeded then it operates at a lower speed.)
Regarding claim 8, the combination of Mackenzie, Rao, and Light does not explicitly teach, but Nakagawa further teaches:
wherein the fluid comprises oil. (The cooling pipe 90 is provided in the motor chamber 41 inside the transaxle housing 40. As shown in FIG. 5, the cooling pipe 90 includes a first cooling pipe 91 provided above the first electric motor 20 (Up) and a second cooling pipe 92 provided above the second electric motor 30 (Up). The cooling pipes 90 (first cooling pipe 91, second cooling pipe 92) are provided with oil outlets 93, and oil supplied to the cooling pipes 90 is sprayed in a shower-like manner from the oil outlets 93 toward each electric motor 18, thereby cooling each electric motor 18 – See at least ¶ [0037])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Rao, and Light to provide for the shower head, as taught in Nakagawa, so the oil passage can be formed without using other members such as a plug. This reduces the number of parts required to block the oil passage, contributing to cost and weight reduction. (At Nakagawa ¶ [0007])
Regarding claim 10, the combination of Mackenzie, Nakagawa, and Light does not explicitly teach, but Rao further teaches:
wherein operating the pump at the second speed opens the poppet valve whereby fluid is dispensed onto components of the electric motor. (When the pushbutton released, A and R ports are linked via the hollow left-hand stem, and P and B ports are linked via the normally open right-hand disc valve The moment when the pushbutton is pressed, the link between ports A and R is first closed, then the link between P and B closed. The link between A and P is next opened, and finally, the link between B and R ports is opened. When the pushbutton is released, fluid and spring pressure put the valve back to its original state – See at least pg. 5; Examiner notes from Rao that the valves are pressure operated and can have multiple port configurations operated based on different pressures. Therefore, when there is a difference in speed of the motors creating the pressure different poppet openings can be controlled.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Nakagawa, and Light to provide for the poppet valves, as taught in Rao, because poppet valves have an intrinsic characteristic of fast response and they find application in control circuits. (At Rao pg. 3)
Claim(s) 4-6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mackenzie in view of Rao, Nakagawa, and Light, as applied to claims 1 and 9, and in further view of Staetter et al. (DE 102022202813 A1 [Machine Translation], “Staetter”).
Regarding claims 4 and 12, Mackenzie further teaches:
a first temperature sensor that senses a first temperature at the pump; and (The thermal management system 54 may addition ally include a first temperature sensor 124, a second temperature sensor 126, and a third temperature sensor 128 – See at least ¶ [0056])
a second temperature sensor that senses a second temperature []; (The thermal management system 54 may addition ally include a first temperature sensor 124, a second temperature sensor 126, and a third temperature sensor 128 – See at least ¶ [0056])
wherein the controller is further configured to: (In an embodiment, the control unit 130 is programmed with executable instructions for interfacing with and operating the various components of the thermal management system 54 for thermally managing the heat generated by the battery pack 24 and other electric drive components (e.g., the electric motor 57 and the ISC 58)… The control unit 130 may further include a processing unit 132 and non-transitory memory 134 for executing the various control strategies and modes of the thermal management system 54 ) – See at least ¶ [0060])
determine an initial pump flow based on a heat losses associated with a speed and torque of the electric motor; (The method 200 begins at block 202. At block 204, the control unit 130 determines whether the electrified vehicle is ON. If NO, the method 200 proceeds to block 206, and the control unit 130 determines that the pump 122 is OFF. Alternatively, if a YES flag is returned at block 204, the method 200 may proceed to block 208 by commanding the pump 122 ON at a low speed setting – See at least ¶ [0074])
command the pump to operate at the initial speed to satisfy the initial pump flow; (Alternatively, if a YES flag is returned at block 204, the method 200 may proceed to block 208 by commanding the pump 122 ON at a low speed setting – See at least ¶ [0074])
compare at least one of the first and second temperatures to a threshold; and (Next , at block 210, the control unit 130 may determine whether the current stator coil temperature of the electric motor 57 is greater than a predefined stator coil temperature value Tsc – See at least ¶ [0075])
command the pump to operate at a first modified speed, distinct from the initial speed based on the comparing. (If YES , the control unit 130 commands the pump 122 ON at a high speed setting at block 212. The method 200 may then return to block 204 and the method 200 may be repeated throughout vehicle operation – See at least ¶ [0075])
Mackenzie discloses multiple temperature sensors throughout the thermal management system. Mackenzie further teaches comparing these sensed temperatures to each other and threshold values and operating the thermal management system based on these comparisons. The combination of Mackenzie, Rao, Nakagawa, and Light, does not explicitly teach a temperature sensor at the sump. However, Staetter discloses a lubrication arrangement for an electric machine with a jet pump and teaches:
a [] temperature sensor that senses a [] temperature at the sump; (In a second branch, the oil line 304 leads from the branch 312 via an optional oil sump temperature sensor 316 to a further branch 318 of the oil line – See at least ¶ [0031] and [0036])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Rao, Nakagawa, and Light to provide for the lubrication arrangement for an electric machine with a jet pump, as taught in Staetter, because combining a single-flow pump (electric or mechanical) and a jet pump, oil can be extracted cost-effectively from several areas of the oil sump. (At Staetter ¶ [0035])
Regarding claim 5, Mackenzie further teaches:
determining whether at least one of the first and second temperatures is less than a threshold and reducing the speed of the pump based on a determination that at least one of the first and second temperatures is less than the threshold. (As shown in Fig. 4, the system compares motor temperatures to a threshold value, if that value is exceeded the system operates the speed at a higher speed. If the threshold is not exceeded then it operates at a lower speed. The algorithm is performed in a loop, therefore, when the motor is cooled by the high speed setting, then the speed will reduce to the low speed setting.)
Regarding claim 6, Mackenzie further teaches:
determining whether at least one of the first and second temperatures is greater than a threshold and increasing the speed of the pump based on a determination that at least one of the first and second temperatures is greater than the threshold. (As shown in Fig. 4, the system compares motor temperatures to a threshold value, if that value is exceeded the system operates the speed at a higher speed. If the threshold is not exceeded then it operates at a lower speed.)
Claim(s) 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mackenzie in view of Rao, Nakagawa, and Light, as applied to claims 1 and 9, and in further view of Runde et al. (US 2015/0367834 A1, “Runde”).
Regarding claims 7 and 15, Mackenzie further teaches:
wherein the controller is configured to determine the initial pump flow based on (i) a [] heat loss [] based on the speed and torque of the electric motor; and (The method 200 begins at block 202. At block 204, the control unit 130 determines whether the electrified vehicle is ON. If NO, the method 200 proceeds to block 206, and the control unit 130 determines that the pump 122 is OFF. Alternatively, if a YES flag is returned at block 204, the method 200 may proceed to block 208 by commanding the pump 122 ON at a low speed setting – See at least ¶ [0074])
(ii) a motor heat loss [] based on the speed and torque of the electric motor. (Next, at block 210, the control unit 130 may determine whether the current stator coil temperature of the electric motor 57 is greater than a predefined stator coil temperature value Tsc. If YES , the control unit 130 commands the pump 122 ON at a high speed setting at block 212. The method 200 may then return to block 204 and the method 200 may be repeated throughout vehicle operation – See at least ¶ [0075])
The combination of Mackenzie, Rao, Nakagawa, and Light does not explicitly teach the use of a heat loss lookup table. However, Runde discloses system and method for power management during regeneration mode in hybrid-electric vehicles and teaches:
a heat loss lookup table (Transmission/hybrid control module 148 may use a similar technique at stages 312 and 314 to calculate transmission losses due to rotational inertia in transmission 106. Here again, energy consumed or absorbed because of friction or inertia due to moving parts rotating or otherwise moving in the transmission result in energy expended that will not be converted to electrical energy. Transmission manufacturers, like engine manufacturers, provide lookup tables for estimating transmission losses based on the current gear, transmission oil temperature, output shaft speeds and torques in various parts of the transmission, as well as other transmission specific variables. This information is made available to transmission/hybrid control module 148 from transmission 106 and is used to calculate a transmission loss which includes losses due to rotational inertia and friction – See at least ¶ [0026])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control valves of Mackenzie, Rao, Nakagawa, and Light to provide for the transmission loss lookup table, as taught in Runde, because transmission manufacturers provide lookup tables for estimating transmission losses based on transmission oil temperature. (At Runde ¶ [0026])
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 CHASE L COOLEY whose telephone number is (303)297-4355. The examiner can normally be reached Monday-Thursday 7-5MT.
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/C.L.C./Examiner, Art Unit 3662
/ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
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