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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 25, 2026 has been entered.
Claims 1 – 2, 4 – 10, 12 – 15 remain pending in the application.
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.
Claim(s) 1 – 2, 4 – 10, 12 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eo et al. (US 20200361461).
Annotated Fig. 7 (Eo)
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Regarding Claim 1:
Eo et al. teaches a method performed by a control arrangement for controlling a speed of a vehicle (via controller 20, see also paragraphs 0022 – 0023), the vehicle being configured for carrying out a Pulse and Glide operation (see Fig 7 above, and abstract), the Pulse and Glide operation controlling the speed of the vehicle about a reference speed (“setting vehicle speed,” and see Fig 7 above), and comprising a pulse-phase during which the speed of the vehicle is increased to a first speed (See Fig 7 above), higher than the reference speed (Fig 7), followed by a glide-phase during which the speed of the vehicle is allowed to decrease to a second speed, lower than the reference speed (see Fig 7 above), the method comprising, when the Pulse and Glide operation is being carried out: determining that an increase of the vehicle speed to a third increased speed (see Fig 7 above), higher than a current reference speed and different than a current first speed set by the Pulse and Glide operation, will be required, based, at least partly, on information related to an upcoming road section of a road (uphill portion of road gradient shown in Fig 7) on which the vehicle is traveling (see Fig 7 above, and paragraphs 0067, 0092 – 0094).
Eo et al. is silent to the third speed is higher than a current reference speed and different than a current first speed set by the Pulse and Glide operation, and adjusting the Pulse and Glide operation such that the speed increase to the third increased speed is carried out by accelerating the vehicle immediately following a decrease of the speed of the vehicle in the glide-phase to at least a current second speed set by the Pulse and Glide operation.
However, Eo et al. teaches the upper limit speed (third speed) following a glide operation can be further adjust based on various conditions. In particularly, Eo et al. teaches a different third speed, higher than the reference speed, that is based on distances of a preceding vehicle. It would have been an obvious matter of design choice to apply this to uphill sections of the road since Eo et al. already describes varying the torque and load to adjust to changes in slope (paragraphs 0094 – 0095) in order to maintain as close as possible to the setting speed.
Furthermore, Eo et al. teaches wherein the acceleration (pulse phase) and deceleration (glide phase) traveling pattern can be periodically repeated and alternated rather than maintaining a constant traveling speed (Figs 5 and 7), to thereby enhance and/or maximize fuel economy, and further suggests that the speed increase to the third increased speed is configured to be carried out by accelerating the vehicle “immediately” following a decrease of the speed of the vehicle in the glide-phase to the second speed, via indicating the line between the second speed and the third increased speed as extending abruptly (or sharply) upward as soon as the vehicle reaches the second speed (see annotated Fig. 5 in conjunction with paragraphs [0027]-[0033], [0072]) [e.g., further noting that for the sake of argument that Eo et al. does not explicitly state that the speed increase to the third increased speed takes place “immediately”, the difference, if any, between the claimed and prior art speed increase to the third increased speed is so incredibly close that one of ordinary skill in the art would have readily contemplated said difference in the process of determining how to enhance and/or maximize fuel economy (e.g., via not choosing to delay the initiation of the pulse-phase to reach the third increased speed)].
As such, it would have been obvious to one of ordinary skill in the art and/or merely involve routine skill in the art to have wherein the speed increase to the third increased speed is configured to be carried out by accelerating the vehicle immediately following a decrease of the speed of the vehicle in the glide-phase to at least the second speed [e.g., one of ordinary skill in the art merely contemplating and/or specifying the desired periodicity and/or alternation time(s) for the pulse and glide traveling pattern(s) indicated via the annotated Fig. 5 above], as suggested by Eo et al., in order to safely achieve a particular and/or desired degree of enhancement and/or maximization of fuel economy via further adapting the speed(s) of the Pulse and Glide operation(s) as a function of one or more preceding vehicles on the road and/or upcoming road section (implicit in view of the teachings and/or context per Eo et al.).
Regarding Claim 2:
Eo et al. teaches the acceleration during the speed increase to the third increased speed is a continuous acceleration maintained within a first acceleration interval (Figs 5 and 7).
Regarding Claim 4:
Eo et al. teaches n the increase of the vehicle speed to the third increased speed is to be performed when the reference vehicle speed is reset to the third increased speed or when the vehicle is approaching an uphill road section (Figs 5 and 7.
Regarding Claim 5:
Eo et al. teaches wherein the Pulse and Glide operation comprises the glide-phase being commenced at a first point in time and wherein the adjusting of the Pulse and Glide operation comprises adjusting the point in time when the glide-phase is to be commenced, such that the speed increase to the third increased speed, is carried out by accelerating the vehicle immediately following the speed decrease in the glide- phase to at least the current second speed set by the Pulse and Glide operation (Fig 7).
Regarding Claim 6:
Eo et al. teaches the adjusting of the point in time when the glide-phase is to be commenced comprises commencing the glide-phase at a later point in time than the first point in time (Fig 7).
Regarding Claims 7 - 10:
Eo et al. teaches the Pulse and Glide operation comprises the pulse-phase with a first duration and the glide-phase with a second duration (Fig 7)
Eo et al. is silent to wherein the adjusting of the Pulse and Glide operation comprises adjusting the first duration of the pulse-phase and/or the second duration of the glide-phase such that the speed increase to the third increased speed, is carried out by accelerating the vehicle immediately following the speed decrease in the glide-phase to at least the current second speed set by the Pulse and Glide operation.
However, Eo et al. teaches wherein the acceleration (pulse phase) and deceleration (glide phase) traveling pattern can be periodically repeated and alternated rather than maintaining a constant traveling speed (Figs 5 and 7), to thereby enhance and/or maximize fuel economy, and further suggests that the speed increase to the third increased speed is configured to be carried out by accelerating the vehicle “immediately” following a decrease of the speed of the vehicle in the glide-phase to the second speed, via indicating the line between the second speed and the third increased speed as extending abruptly (or sharply) upward as soon as the vehicle reaches the second speed (see annotated Fig. 5 in conjunction with paragraphs [0027]-[0033], [0072]) [e.g., further noting that for the sake of argument that Eo et al. does not explicitly state that the speed increase to the third increased speed takes place “immediately”, the difference, if any, between the claimed and prior art speed increase to the third increased speed is so incredibly close that one of ordinary skill in the art would have readily contemplated said difference in the process of determining how to enhance and/or maximize fuel economy (e.g., via not choosing to delay the initiation of the pulse-phase to reach the third increased speed)].
As such, it would have been obvious to one of ordinary skill in the art and/or merely involve routine skill in the art to have wherein the speed increase to the third increased speed is configured to be carried out by accelerating the vehicle immediately following a decrease of the speed of the vehicle in the glide-phase to at least the second speed [e.g., one of ordinary skill in the art merely contemplating and/or specifying the desired periodicity and/or alternation time(s) for the pulse and glide traveling pattern(s) indicated via the annotated Fig. 5 above], as suggested by Eo et al., in order to safely achieve a particular and/or desired degree of enhancement and/or maximization of fuel economy via further adapting the speed(s) of the Pulse and Glide operation(s) as a function of one or more preceding vehicles on the road and/or upcoming road section (implicit in view of the teachings and/or context per Eo et al.).
Regarding Claim 11:
See rejection of Claim 1 above.
Regarding Claim 12:
See rejection of Claim 1 above.
Regarding Claim 13:
See rejection of Claim 1 above.
Regarding Claim 14:
See rejection of Claim 1 above.
Regarding Claim 15:
See rejection of Claim 1 above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 2, 4 – 10, 12 – 15 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/LONG T TRAN/Primary Examiner, Art Unit 3747
