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 .
DETAILED ACTION
This action is responsive to applicant’s filing of 5/23/2024. Claims 1-20 are pending and rejected.
Priority
Applicant’s claim of priority to application KR10-2023-0148558 filed 10/31/2023 in Korea is acknowledged, a certified copy of KR10-2023-0148558 was received on 6/14/2024.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
There is ambiguity due to conjoining elements by combining “OR” and “AND” operators creating ambiguity as to precedence of operators (claim 1 L 4-5; claim 17 line 3 & 4) which will have different claim scopes depending on whether the OR vs. AND is applied first. The commutative law of mathematics does not apply with nested propositions within operators. The claims have been otherwise examined on the merits presuming application of the Boolean “OR” first. The dependent claims inherit this indefiniteness from their base claims 1 & 17. Consider assigning precedence by punctuation, particularly semi-colons vs. commas.
There is confusion with the referencing of “the vehicle” when there have been two vehicles identified-either of which reads on “the vehicle” (CL 1 L9; cl 17 L 6,7,8), and repeated throughout the dependent claims. When discussing plural vehicles, it is best to designate one as a first vehicle and another as a second vehicle (or in claims 15-16 even identifying one as the third vehicle), particularly since the claim is written from an intended perspective that either vehicle may identified as the towed or towing vehicle even before the dual reading on “vehicle” is added to the mix.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 9-14, 17, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. ‘045 (US 20200231045) which discloses all the claimed elements including:
(re: cl 1) An electrified vehicle comprising: a motor (CL1: ¶45-motor #170);
and a controller configured to determine a first target regenerative torque of the motor based on a first maximum regenerative torque capacity of the vehicle or a second maximum regenerative torque capacity of another vehicle and based on a total braking torque requirement (88-“maximum regenerative torque of the vehicle”; ¶69-“determine a target regenerative torque based on the rotational speed of the motor and a slope of the road,”),
wherein the controller is further configured to control the motor based on the determined first target regenerative torque according to comparison results between a first regenerative charging efficiency of the vehicle (¶115-“ The other vehicle may be configured to identify the regenerative torque that may be output from the other vehicle, compare the identified regenerative torque of the other vehicle with the received regenerative torque, and obtain the traveling torque based on the smaller regenerative torque among the identified regenerative torque with the received regenerative torque to the other vehicle; ¶69-“and operate the motor 170 based on the target regenerative; ¶88-“and operate the motor 170 based on the target regenerative relative a reference regenerative torque”).
and a second regenerative charging efficiency of the other vehicle, while the vehicle is towed by the other vehicle or tows the other vehicle (¶84-receives regenerative torque info of other vehicle; ¶87-When adjusting the torque of the motor, the controller 150 may be configured to adjust the torque to the other vehicle 2 with a regenerative torque. When adjusting the rotational speed of the motor, the controller 150 may be configured to determine a torque that corresponds to the rotational speed of the motor and the input charging efficiency, and transmit the identified torque to the other vehicle 2 with a regenerative torque. When the efficiency priority mode is executed, the controller 150 may be configured to identify a regenerative torque transmitted by the other vehicle and a regenerative torque that corresponds to the rotational speed of the motor 170, identify a smaller regenerative torque among the regenerative torque transmitted by the other vehicle and the regenerative torque that corresponds to the rotational speed of the motor 170, and transmit information that corresponds to the identified regenerative torque to the other vehicle 2.”; 125-“ compare the identified amount of charge with a preset amount of charge.”; ¶133-“ identify the regenerative torque that may be output from the other vehicle, compare the identified regenerative torque with the received maximum regenerative torque, and obtain a traveling torque based on the smaller regenerative torque among the identified regenerative torque with the received maximum regenerative torque. When the regenerative torque capable of being output from the other vehicle is received by the other vehicle, the vehicle may be configured to compare the received regenerative torque of the other vehicle with the maximum regenerative torque, and transmit the smaller regenerative torque among the received regenerative torque with the maximum regenerative torque to the other vehicle.).
(re: cl 2) The electrified vehicle of claim 1, wherein the controller is configured to determine the first target regenerative torque of the motor based on the first maximum regenerative torque capacity and the total braking torque requirement in response to the first regenerative charging efficiency of the vehicle being greater than the second regenerative charging efficiency of the other vehicle (¶69-“the controller 150 may be configured to decelerate the vehicle using the motor 170 when the braking power less than the reference regenerative braking power is required, and operate the hydraulic braking device when the braking power equal to or greater than the reference regenerative braking power is required”- first target regenerative torque of the motor to its max capacity if total braking requirement needed exceeds max capacity (first target regenerative torque) premised on it not being able to be any higher).
(re: cl 3) The electrified vehicle of claim 2, wherein the controller is configured to determine the first maximum regenerative torque capacity of the vehicle to be the first target regenerative torque of the motor in response to the total braking torque requirement being equal to or greater than the first maximum regenerative torque capacity of the vehicle (¶68-“controller 150 may be configured to obtain braking power required by a driver based on a speed at which the brake pedal is depressed and an amount by which the brake pedal is depressed when pressurization information of the brake pedal is received, perform reference regenerative braking within a range of the obtained braking power and operate a hydraulic braking unit to compensate for the remaining braking power through the operation of the hydraulic braking unit.”).
(re: cl 4) wherein the controller is configured to determine the total braking torque requirement to be the first target regenerative torque of the motor in response to the total braking torque requirement being less than the first maximum regenerative torque capacity of the vehicle (69-“the controller 150 may be configured to decelerate the vehicle using the motor 170 when braking power less than the reference regenerative braking power is required, and operate the hydraulic braking device when the braking power equal to or greater than the reference regenerative braking power is required”).
(re: cl 5) wherein the controller is configured to determine the first target regenerative torque of the motor based on the second maximum regenerative torque capacity of the other vehicle (¶152-“ The traveling torque may be a torque that is a sum of a torque required for driving the vehicle and a regenerative torque for charging the battery of the other vehicle.”-max regenerative torque capacity of other vehicle is its capacity for absorbing charge);
and based on the total braking torque requirement in response to the first regenerative charging efficiency of the vehicle being less than the second regenerative charging efficiency of the other vehicle (¶87- identify a regenerative torque transmitted by the other vehicle and a regenerative torque that corresponds to the rotational speed of the motor 170, identify a smaller regenerative torque among the regenerative torque transmitted by the other vehicle and the regenerative torque that corresponds to the rotational speed of the motor 170, and transmit information that corresponds to the identified regenerative torque to the other vehicle 2.).
(re: cl 9) wherein, while the vehicle is towed, the controller is further configured to determine the first target regenerative torque of the motor based on the first maximum regenerative torque capacity of the vehicle and the total braking torque requirement in response to a state of charge of a battery in the other vehicle exceeding a preset overcharge reference value (¶90-“During the execution of the charge priority mode, the controller 150 may be configured to change the efficiency priority mode when the charged amount of the battery exceeds the predetermined amount of charge.”- Which can be that state of charge -Maximum regenerative torque of vehicle is the lower of the electric machines capacity to generate power or the batteries ability to absorb it. ).
(re: cl 10) wherein the controller is further configured to determine the total braking torque requirement to be the first target regenerative torque of the motor in response to the first maximum regenerative torque capacity of the vehicle being equal to or greater than the total braking torque requirement (#706 to #707 fig 9-First vehicle can supply the team braking capacity from its own regenerative braking).
(re: cl 11) wherein the controller is further configured to determine the first maximum regenerative torque capacity of the vehicle to be the first target regenerative torque of the motor in response to the first maximum regenerative torque capacity of the vehicle being less than a total regenerative torque requirement (#706 to #708 fig. 9-Lead vehicle regen braking insufficient to decel team of vehicles).
(re: cl 12) wherein the controller is further configured to request engine clutch engagement or hydraulic braking of the other vehicle in response to the total braking torque requirement exceeding the first maximum regenerative torque capacity of the vehicle (¶68-“perform reference regenerative braking within a range of the obtained braking power and operate a hydraulic braking unit to compensate for the remaining braking power through the operation of the hydraulic braking unit.” -use mechanical braking if lead vehicle cannot supply sufficient decel for the vehicle team).
(re: cl 13) wherein the controller is further configured to request regenerative braking of the other vehicle in response to a state of charge of a battery in the vehicle exceeding a preset overcharge reference value while the vehicle tows (#706 to #708 fig. 9- Lead vehicle regen braking insufficient to decel team, an overcharge condition results in regenerative braking exceeding capacity which is the reference variable).
(re: cl 14) wherein the controller is further configured to perform engine clutch engagement or hydraulic braking in response to the total braking torque requirement exceeding the second maximum regenerative torque capacity of the other vehicle (¶68-“perform reference regenerative braking within a range of the obtained braking power and operate a hydraulic braking unit to compensate for the remaining braking power through the operation of the hydraulic braking unit.”-use mechanical braking if lead vehicle cannot supply sufficient decel for the vehicle team).
(re: cl 17) A regenerative braking control method of an electrified vehicle, comprising: determining a first target regenerative torque of a motor in the vehicle based on either a first maximum regenerative torque capacity of the vehicle (¶69-“maximum regenerative torque of the vehicle”) or a second maximum regenerative torque capacity of another vehicle (alternate Boolean),
and based on a total braking torque requirement according to comparison results between a first regenerative charging efficiency of the vehicle and a second regenerative charging efficiency of the other vehicle while the vehicle is towed by the other vehicle or while the vehicle tows the other vehicle (¶114” the regenerative torque capable of being output from the other vehicle is received by the other vehicle, the vehicle may be configured to compare the received regenerative torque of the other vehicle with the maximum regenerative torque, and transmit the smaller regenerative torque among the received regenerative torque with the maximum regenerative torque to the other vehicle.”; ¶115-“ The other vehicle may be configured to identify the regenerative torque that may be output from the other vehicle, compare the identified regenerative torque of the other vehicle with the received regenerative torque, and obtain the traveling torque based on the smaller regenerative torque among the identified regenerative torque with the received regenerative torque to the other vehicle.”);
and controlling the motor in the vehicle based on the determined first target regenerative torque (¶115-“ The other vehicle may be configured to identify the regenerative torque that may be output from the other vehicle, compare the identified regenerative torque of the other vehicle with the received regenerative torque, and obtain the traveling torque based on the smaller regenerative torque among the identified regenerative torque with the received regenerative torque to the other vehicle; ¶69-“and operate the motor 170 based on the target regenerative; ¶88-“and operate the motor 170 based on the target regenerative relative a reference regenerative torque).
(re: cl 19) while the vehicle is towed and a state of charge of a battery in the other vehicle exceeding a preset overcharge reference value, the method further comprises: determining the first target regenerative torque of the motor based on the first maximum regenerative torque capacity of the vehicle and the total braking torque requirement (¶90-“During the execution of the charge priority mode, the controller 150 may be configured to change the efficiency priority mode when the charged amount of the battery exceeds the predetermined amount of charge.”- Which can be that state of charge -Maximum regenerative torque of vehicle is the lower of the electric machines capacity to generate power or the batteries ability to absorb it. );
in response to the first maximum regenerative torque capacity of the vehicle being equal to or greater than the total braking torque requirement, determining the total braking torque requirement to be the first target regenerative torque of the motor (¶90-“During the execution of the charge priority mode, the controller 150 may be configured to change the efficiency priority mode when the charged amount of the battery exceeds the predetermined amount of charge.”- Which can be that state of charge -Maximum regenerative torque of vehicle is the lower of the electric machines capacity to generate power or the batteries ability to absorb it. );
in response to the first maximum regenerative torque capacity of the vehicle being less than a total regenerative torque requirement, determining the first maximum regenerative torque capacity of the vehicle to be the first target regenerative torque of the motor (#706 to #707 fig 9-First vehicle can supply the team braking capacity from its own regenerative braking);
and in response to the total braking torque requirement exceeding the first maximum regenerative torque capacity of the vehicle, requesting one of or both of engine clutch engagement and hydraulic braking of the other vehicle (¶90-“the controller 150 may be configured to change the efficiency priority mode when the charged amount of the battery exceeds the predetermined amount of charge. When information regarding additional braking power is received by the other vehicle, the controller 150 may be configured to identify the braking power additionally required in the vehicle, and adjust at least one of the regenerative braking of the motor 170 and the hydraulic braking of a hydraulic braking unit 180 to generate the additionally required braking power.”-when the battery exceeds the predetermined charge it is above a reference threshold and may request charging and in response to the total braking torque requirement exceeding the second maximum regenerative torque capacity of the other vehicle, performing engine clutch engagement or hydraulic braking in the vehicle; ¶69-“the controller 150 may be configured to decelerate the vehicle using the motor 170 when the braking power less than the reference regenerative braking power is required, and operate the hydraulic braking device when the braking power equal to or greater than the reference regenerative braking power is required”).
(re: cl 20) wherein a state of charge of a battery in the vehicle exceeds a preset overcharge reference value while the vehicle tows, the method further comprising: requesting regenerative braking of the other vehicle ( #706 to #708 fig. 9-Lead vehicle regen braking insufficient to decel team of vehicles; ¶90-“During the execution of the charge priority mode, the controller 150 may be configured to change the efficiency priority mode when the charged amount of the battery exceeds the predetermined amount of charge.”- Which can be that state of charge -Maximum regenerative torque of vehicle is the lower of the electric machines capacity to generate power or the batteries ability to absorb it);
and in response to the total braking torque requirement exceeding the second maximum regenerative torque capacity of the other vehicle, performing engine clutch engagement or hydraulic braking in the vehicle (¶68-“perform reference regenerative braking within a range of the obtained braking power and operate a hydraulic braking unit to compensate for the remaining braking power through the operation of the hydraulic braking unit.” -use mechanical braking if lead vehicle cannot supply sufficient decel for the vehicle team).
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) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. ‘045 (US 20200231045) in view of Espig et al. (11845260) wherein Shin et al. ‘045 teaches the elements previously discussed and Espig et al. teaches what Shin et al. ‘045 lacks including:
(re: cl 15) wherein the other vehicle tows an additional vehicle in addition to the vehicle, and wherein the controller is further configured to control the motor in the vehicle in further consideration of at least one additional regenerative charging efficiency of additional vehicle (CL1-adjust regenerative torque of the third vehicle premised upon charging efficiency of the third vehicle).
It 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, for Shin et al. ‘045 to adjust regenerative torque to a third vehicle in a tow line as a result of charging efficiency as taught by Espig et al. to obtain a recapture of extra energy during deceleration rather than losing the energy through mechanical deceleration means as one of ordinary skill in the art would recognize.
Espig et al. teaches what Shin et al. ‘045 lacks including:
(re: cl 16) wherein the other vehicle is towed by an additional vehicle in addition to the vehicle, and wherein the controller is configured to control the motor in the vehicle in further consideration of an additional regenerative charging efficiency of the additional vehicle (CL1-adjust regenerative torque of the third vehicle premised upon charging efficiency of the third vehicle).
It 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, for Shin et al. ‘045 to adjust regenerative torque to a third vehicle in a tow line as taught by Espig et al. to obtain a recapture of extra energy during deceleration rather than losing the energy through mechanical deceleration means as one of ordinary skill in the art would recognize.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 1 is rejected under the judicially created doctrine of double patenting over claim 1 and its dependent claims 2-16 of U. S. Patent No. 11/794745 to Shin et al. ‘745 since the claims, if allowed, would improperly subject applicants to harassment from multiple assignees and/or improperly result in a timewise extension of patent protection. Claim 2 is rejected under the judicially created doctrine of double patenting over claim 7 of U. S. Patent No. 11/794745 to Shin et al. ‘745 since the claims, if allowed, would improperly subject applicants to harassment from multiple assignees and/or improperly result in a timewise extension of patent protection. Claim 3 is rejected under the judicially created doctrine of double patenting over claim 8 of U. S. Patent No. 11/794745 to Shin et al. ‘745 since the claims, if allowed, would improperly subject applicants to harassment from multiple assignees and/or improperly result in a timewise extension of patent protection. These claims are fully broadened variants of the claims of Shin et al. ‘745 fully obviated by the narrower claims of Shin et al. with the claim elements of the instant application located at the cited locations with the claims of the parent patent:
Instant application
Shin et al. ‘745
(re: cl 1) An electrified vehicle comprising: a motor;
CL 1
and a controller configured to determine a first target regenerative torque of the motor based on a first maximum regenerative torque capacity of the vehicle
or a second maximum regenerative torque capacity of another vehicle and based on a total braking torque requirement,
CL 1
wherein the controller is further configured to control the motor based on the determined first target regenerative torque ;according to comparison results between a first regenerative charging efficiency of the vehicle;
CL 1
and a second regenerative charging efficiency of the other vehicle, while the vehicle is towed by the other vehicle or tows the other vehicle.
CL 1
(re: cl 2) wherein the controller is configured to determine the first target regenerative torque of the motor based on the first maximum regenerative torque capacity and the total braking torque requirement in response to the first regenerative charging efficiency of the vehicle being greater than the second regenerative charging efficiency of the other vehicle.
CL 7
(re: cl 3) wherein the controller is configured to determine the first maximum regenerative torque capacity of the vehicle to be the first target regenerative torque of the motor
in response to the total braking torque requirement being equal to or greater than the first maximum regenerative torque capacity of the vehicle.
CL 8
Allowable Subject Matter
Claims 6-8 and 18 distinguish over the prior art and are objected to as being dependent claims premised upon a rejected base claim but would be allowed if the re-written in independent form or if the limitations of an allowable claim were incorporated within the independent base claim from which this claims depend or if re-written premised upon dependence from an otherwise allowable base claim along with correcting the 112(b) problems.
The prior art does not teach the elements of claim 1 in combination with the further limitations of claim 6 of: determine excess of the total braking torque requirement over the second maximum regenerative torque capacity of the other vehicle to be the first target regenerative torque of the motor.
The prior art does not teach the elements of claim 1 in combination with the further limitations of claim 7 of: wherein the controller is further configured to determine half the total braking torque requirement to be the first target regenerative torque of the motor in response to the second regenerative charging efficiency of the other vehicle being equal to the first regenerative charging efficiency of the vehicle.
The prior art does not teach the elements of claim 1 in combination with the further limitations of claim 8 of: controller is further configured to determine a second target regenerative torque of a second motor in the other vehicle based on the first target regenerative torque of the motor, and wherein the controller is further configured to transmit the determined first target regenerative torque to the other vehicle.
The prior art does not teach the elements of claim 1 in combination with the further limitations of claim 18 of: in response to the first regenerative charging efficiency of the vehicle being greater than the second regenerative charging efficiency of the other vehicle, determining the first target regenerative torque of the motor based on the first maximum regenerative torque capacity and the total braking torque requirement; in response to the first regenerative charging efficiency of the vehicle being greater than the second regenerative charging efficiency of the other vehicle, and the total braking torque requirement being equal to or greater than the first maximum regenerative torque capacity of the vehicle, determining the first maximum regenerative torque capacity of the vehicle to be the first target regenerative torque of the motor;
in response to the first regenerative charging efficiency of the vehicle being greater than the second regenerative charging efficiency of the other vehicle, and the total braking torque requirement being less than the first maximum regenerative torque capacity of the vehicle, determining the total braking torque requirement to be the first target regenerative torque of the motor;
in response to the first regenerative charging efficiency of the vehicle being less than the second regenerative charging efficiency of the other vehicle, determining the first target regenerative torque of the motor based on the second maximum regenerative torque capacity of the other vehicle and based on the total braking torque requirement, and determining excess of the total braking torque requirement over the second maximum regenerative torque capacity of the other vehicle to be the first target regenerative torque of the motor;
and in response to the second regenerative charging efficiency of the other vehicle being equal to the first regenerative charging efficiency of the vehicle, determining half the total braking torque requirement to be the first target regenerative torque of the motor.
Conclusion
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/M.E.B/Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655