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 .
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.
Claims 14-17 and 19-26 are rejected under 35 U.S.C. 103 as being unpatentable over US20150122565 by Deleval (hereinafter “Deleval”), further in view of US20200262516 by Hahn et al. (hereinafter “Hahn”).
Regarding claim 1, Deleval teaches A method for operating a drive device (1) for a muscle-powered vehicle, the drive device (1) comprising a pedal shaft (2) for receiving muscle power of a rider, see for example Figures 1-2, showing the electric bicycle with its pedals (“bottom bracket 27” in Fig. 2). See also paragraphs [0027] and [0034]-[0036], describing the pedal “bottom bracket 27” for allowing a user to pedal the bicycle.
a superposition gear unit (6) as a planetary transmission with a first element (7), a second element (8), and a third element (10), see for example Figures 2 and 5, as well as paragraph [0032], describing a planetary transmission including a sun gear 13 (first element), planet carrier 14 (second element), and ring gear 12 (third element).
an output gear (5) mechanically operatively connectable to a wheel (42) of the muscle-powered vehicle, see again paragraph [0032] describing output sprocket 23.
and an electric machine (12), see Figures 3-4 and paragraphs [0029] and [0032] for example, describing “first motor 5”.
the pedal shaft (2) mechanically connected to the second element (8), see Figures 2 and 5, as well as paragraphs [0032] and [0034], where the spindle 11 (connected to the pedals “bottom bracket”) is mechanically connected to the planet carrier.
the output gear (5) is mechanically connected to the third element (10), see additionally paragraphs [0031]-[0033] where the ring gear is mechanically connected to the output sprocket.
and the electric machine (12) is mechanically connected to the first element (7), see paragraph [0032] where the sun gear is connected to the first motor.
the method comprising: detecting (I) an actual rotational speed of the output gear (5); see for example paragraphs [0041] and [0082]-[0085], where the system determines the output sprocket speed based on the speeds of the motors.
determining (II) a target rotational speed of the see for example paragraphs [0038], [0045], and [0059]-[0061], where the set speed values correlates to the rider’s pedaling speed, and the system creates a set speed for the first motor.
and controlling (III) the electric machine (12) based on the detected actual rotational speed of the output gear (5) and the determined target rotational speed of the In addition to the above paragraphs, see for example paragraphs [0059] and [0086], where the first motor is controlled according to the desired set speed.
Deleval does not explicitly teach determining a target rotational speed of the pedal shaft. Although Deleval determines a target gear ratio and target speeds of the motors, which corresponds to the pedal speed, Deleval does not explicitly teach determining a target rotational speed of the pedal shaft.
However, Hahn teaches determining a target rotational speed of the pedal shaft. See for example paragraph [0118], where the bicycle rider sets a target cadence speed, and the bike according seeks to control the motors accordingly.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ebike control system of Deleval with the cadence setting system of Hahn with a reasonable expectation of success. Doing so allows the user to set a preferred cadence, improving the user’s experience.
Claim 24 has similar limitations to claim 14 above, and is therefore rejected using a similar rationale.
Regarding claim 15, Deleval teaches wherein the drive device (1) further comprises an additional electric machine (13) mechanically operatively connected to the output gear (5), and wherein detecting (I) the actual rotational speed of the output gear (5) comprises detecting a rotational speed of the additional electric machine (13). See for example paragraphs [0034]-[0036], describing the second motor and how it functions alongside the first motor. See also paragraphs [0041] and [0082], where the system measures the output speed based on the rotational speed of the second motor.
Regarding claim 16, Deleval teaches wherein controlling (III) the electric machine (12) comprises: determining (III.1) a target rotational speed of the electric machine (12) based on the detected actual rotational speed of the output gear (5) and the determined target rotational speed of the pedal shaft (2); detecting (III.2) an actual rotational speed of the electric machine (12); and outputting (III.3) a manipulated variable to the electric machine (12) based on a difference between the target rotational speed and the actual rotational speed of the electric machine (12). See paragraphs [0041] and [0082], where the system measures the output speed based on the rotational speed of the second motor. Then see paragraphs [0059] and [0086], where the control unit causes the first motor to turn at its set speed.
Regarding claim 17, Deleval teaches wherein controlling (III) the electric machine (12) further comprises limiting (III.4) the manipulated variable output to the electric machine (12) to values leading to operation of the electric machine (12) that counteracts a direction of rotation of the pedal shaft (2). See for example paragraphs [0039] or [0090], where the torque value can be negative and/or the user may brake via the motor.
Regarding claim 19, Deleval teaches wherein controlling (III) the electric machine (12) comprises outputting (III.3) a target rotational torque to a controller (33) of the electric machine (12), the method further comprising determining (IV) a torque applied by the rider onto the pedal shaft (2) based on at least one torque value of the controller (33). See again paragraph [0041], where the system determines an output torque based on the sensed speed and torque of the rider.
Regarding claim 20, Deleval teaches wherein the drive device (1) further comprises an additional electric machine (13) mechanically operatively connected to the output gear (5), and detecting (I) the actual rotational speed of the output gear (5) comprises detecting a rotational speed of the additional electric machine (13), the method further comprising controlling (V) the additional electric machine (13) based on the torque applied by the rider onto the pedal shaft (2). See again paragraph [0041], where the second motor is used to detected the rotational speed of the output gear and is likewise applied based on the sensed torque/speed of the rider and output gear.
Regarding claim 21, Deleval teaches wherein determining (II) a target rotational speed of the pedal shaft (2) comprises determining (II.1) a target transmission ratio of the superposition gear unit (6) between the second element (8) and the third element (10) and establishing (II.2) the target rotational speed based on the detected actual rotational speed of the output gear (5) and the determined target transmission ratio. In addition to the paragraphs cited above, see also paragraph [0038], where the system determines a gear ratio on the basis of the speeds of the motors and the pedaling speed.
Regarding claim 22, Deleval teaches wherein determining (II.1) the target transmission ratio comprises detecting an actual rotational speed of the wheel (42) of the muscle-powered vehicle. See additionally paragraphs [0041] and [0082]-[0085], where the system determines the target speeds of the motors based on their detected speeds and the speed of the wheel.
Regarding claim 23, Deleval teaches A control device (3), configured for implementing the method of claim 14. See again paragraph [0041], including control unit 38.
Regarding claim 25, Deleval teaches wherein: the drive device (1) further comprises an additional electric machine (13) mechanically connected to the third element (10) of the superposition gear unit (6); the first element (7) of the superposition gear unit (6) is a sun gear; the second element (8) of the superposition gear unit (6) is a planet carrier; and the third element (10) of the superposition gear unit (6) is a ring gear. See for example paragraphs [0034]-[0036], describing the second motor and how it functions alongside the first motor. See also Figure 3 and paragraphs [0038] and [0082], where the second motor is connected to the ring gear. See for example Figures 2 and 5, as well as paragraph [0032], describing a planetary transmission including a sun gear 13 (first element), planet carrier 14 (second element), and ring gear 12 (third element).
Regarding claim 26, Deleval teaches A vehicle, comprising: at least two wheels; and the drive device (1) of 24, wherein the output gear (5) is coupled via a force transmission element (40) and a freewheel unit (41) to one of the wheels (42) in order to drive the vehicle. See for example Figure 1 showing the bicycle and chain 21 (a force transmission element (40)). See also paragraph [0037] for example describing a freewheel.
Claim 18 is rejected under 35 U.S.C. 103 as unpatentable over Deleval in view of Hahn, further in view of EP1878650 by Reinhold et al. (hereinafter “Reinhold”).
Regarding claim 18, Deleval does not explicitly teach, but Reinhold teaches wherein controlling (III) the electric machine further comprises: checking (III.5) whether the target rotational speed of the electric machine (12) is essentially zero for a predetermined period of time, and, simultaneously, whether the absolute value of the manipulated variable output to the electric machine (12) exceeds a predetermined threshold value; and raising (III.6) the target rotational speed of the electric machine (12) to a minimum rotational speed. See for example page 2, paragraphs 6-7 (beginning with “In the auxiliary drive…”), where the bicycle’s motor operates based on the minimum pedaling cadence of the rider. The bicycle determines whether the rider is pedaling below minimum cadence, such as 0 to 30 pedal revolutions per minute, reading on essentially zero for a predetermined period of time and checking whether the absolute value of the manipulated variable output to the electric machine (12) exceeds a predetermined threshold value. If the pedaling cadence is “essentially zero” and below a threshold value, and thus the control output to the motor is operated at a minimum torque, then the system sets the target rotational speed of the electric machine (12) to a minimum rotational speed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ebike control system of Deleval, modified by the cadence setting system of Hahn, with the minimum cadence support of Reinhold with a reasonable expectation of success. Doing so allows the bicycle to maintain a minimum input to the motor so that it can quickly accelerate if the user begins pedaling enough to need assistance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US20240375750 by Biechele et al. teaching an electrical bicycle having a motor with its own speed sensor.
WO2022017859 by Barth et al. teaching an electric bicycle with a planetary gearbox that senses the rotational speed of the pedal shaft.
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/JORDAN T SMITH/ Examiner, Art Unit 3666
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