DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice on Prior Art Rejections
2. 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 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.
Status of Claims
3. This Office Action is in response to the applicant's arguments/remarks filed December 26, 2025. Claims 3-5 are added. Claims 1-2 are amended. Claims 1-5 are presently pending and are presented for examination.
Response to Arguments/Remarks
4. Objection. Applicant's arguments/amendments filed December 26, 2025 regarding the objection have been fully considered. Applicant's arguments/amendments are persuasive. Accordingly, the objection is withdrawn.
5. 35 USC § 103 rejection. Applicant's arguments/amendments filed December 26, 2025 regarding the 35 USC § 103 rejection have been fully considered. Applicant's arguments/amendments are not persuasive. Accordingly, the 35 USC § 103 rejection is maintained.
The applicant argues that “the applied art does not teach or suggest that the controller controls the electric motor so that a torque rate in the region on the negative side of the torque is smaller than the torque rate in the region on the positive side of the torque, the torque rate being a change rate of the torque per unit time, as recited in Claim 1.”
Pursuant to MPEP 2131 Anticipation — Application of 35 U.S.C. 102 (a), (b), and (e), “"A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). >"When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001).”
Pursuant to MPEP 2144.01 Implicit Disclosure, “[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968) …; In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976) (Reference disclosure of a compound where the R-S-R¢ portion has "at least one methylene group attached to the sulfur atom" implies that the other R group attached to the sulfur atom can be other than methylene and therefore suggests asymmetric dialkyl moieties.).”.
Pursuant to MPEP 2111 Claim Interpretation; Broadest Reasonable Interpretation, “The broadest reasonable interpretation of the claims must also be consistent with the interpretation that those skilled in the art would reach. In re Cortright, 165 F.3d 1353, 1359, 49 USPQ2d 1464, 1468 (Fed. Cir. 1999)”
However, the examiner respectfully disagrees. The limitations argued by the applicant are inherently described in a single prior art reference. The prior art reference discloses that the controller controls the electric motor so that a torque rate in the region on the negative side of the torque is smaller than the torque rate in the region on the positive side of the torque, the torque rate being a change rate of the torque per unit time, as recited in Claim 1 (See at least fig 1-8, ¶ 8, “target torque determiner which determines a target torque of the electric motor by correcting the basic target torque by at least the down-slope road regeneration correction amount; and a motor controller which controls the energization of the electric motor such that the electric motor generates an output torque of the target torque”). In other words, the controller is being able to control the torque rate and set it to a plurality of values in both the negative and positive sides. Since the limitations of the claims required a torque control in those regions, it is safe to say that the prior art reference either expressly or inherently described these limitations. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Therefore, for the above reasons, the examiner maintains rejection over claims 1-2.
Claim Rejections - 35 USC § 102
6. 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)(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.
7. Claims 1-5 are rejected under 35 U.S.C. 102(a) (2) as being anticipated by Saitoh et al, US 2009/0112386, hereinafter referred to as Saitoh.
Regarding claim 1, Saitoh discloses a vehicle control device configured to control an automobile traveling with an electric motor as a power source, the vehicle control device comprising (See at least fig 1-8, ¶ 64, 60, 59, 58, 57, 56,54, “an electric vehicle 1 according to the present embodiment (hereinafter referred to simply as "the vehicle 1" in most cases) is equipped with an electric motor 2 serving as a traveling motive power source”)
a controller configured to control the electric motor (See at least fig 1-8, ¶ 66, 88, 64, 60, 59, 58, 57, 56,54, 65, “The motor control unit 6 is an electronic circuit unit which includes mainly a microcomputer. The motor control unit 6 receives a target torque of the electric motor 2 from the vehicle control unit 5 and a detection value of a rotational speed of the output shaft 2a of the electric motor 2 (hereinafter referred to as "the motor rotational speed") from the rotational speed sensor 15 provided in the electric motor 2”),
wherein when a torque of the electric motor decreases from a region on a positive side of the torque in a direction in which the torque of the electric motor accelerates the automobile to a region on a negative side of the torque in a direction in which the torque of the electric motor decelerates the automobile (See at least fig 1-8, ¶ 102, 77, 66, 88, 64, 60, 59, 58, 57, 56,54, 65, 61, “the accelerator (gas) pedal sensor 13 detects the amount of depression on the accelerator (gas) pedal (not shown) of the vehicle 1 (hereinafter referred to as "the accelerator (gas) pedal manipulated variable"), and outputs the detection value to the vehicle control unit 5 as the detection data on the operational state of the accelerator (gas) pedal. The brake pedal sensor 14 detects a depressing force applied to the brake pedal (not shown) of the vehicle 1 (hereinafter referred to as "the brake pedal manipulated variable") and outputs the detection value to the vehicle control unit 5 as the detection data on the operational state of the brake pedal”),
the controller controls the electric motor so that a torque rate in the region on the negative side of the torque is smaller than the torque rate in the region on the positive side of the torque, the torque rate being a change rate of the torque per unit time (See at least fig 1-8, ¶ 150, 151, 152, 148, 149, 146, 145, 143, 144, 130, 82, 86, 74, 79, 72, 69, 73, 71, “The basic target torque Trs is determined such that it becomes a drive torque (>0) when the operational state of the accelerator (gas) pedal is the ON state. The basic target torque Trs as the drive torque is basically determined such that it provides a larger drive torque as the accelerator (gas) pedal manipulated variable increases or the vehicle speed increases. Further, if the operational state of the accelerator (gas) pedal is the OFF state, then the basic target torque Trs is determined such that it becomes a regenerative torque ( <0) corresponding to an engine brake.”).
Regarding claim 2, Saitoh discloses the vehicle control device according to claim 1, wherein when the torque of the electric motor decreases from the region on the positive side of the torque to the region on the negative side of the torque, the controller controls the electric motor so that the torque rate decreases as the torque approaches 0 in the region on the positive side of the torque, and the torque rate increases as the torque approaches 0 in the region on the negative side of the torque (See at least fig 1-8, ¶ 150, 151, 152, 148, 149, 146, 145, 143, 144, 130, 82, 86, 74, 79, 72, 69, 73, 71, “The basic target torque Trs is determined such that it becomes a drive torque (>0) when the operational state of the accelerator (gas) pedal is the ON state. The basic target torque Trs as the drive torque is basically determined such that it provides a larger drive torque as the accelerator (gas) pedal manipulated variable increases or the vehicle speed increases. Further, if the operational state of the accelerator (gas) pedal is the OFF state, then the basic target torque Trs is determined such that it becomes a regenerative torque ( <0) corresponding to an engine brake.”).
Regarding claim 3, Saitoh discloses the vehicle control device according to claim 1, wherein the controller controls the electric motor based on a torque rate map, the torque rate map defining a torque rate that is a rate of change of torque per unit time, based on the rotational speed of the electric motor and a torque of the electric motor (See at least fig 1-8, ¶ 150, 151, 152, 148, 149, 146, 145, 143, 144, 130, 86, 74, 79, 72, 69, 73, 71, 82, “the basic target torque Trs is determined according to the map from the detection values (current values) of the vehicle speed and the accelerator (gas) pedal manipulated variable.”).
Regarding claim 4, Saitoh discloses the vehicle control device according to claim 3, wherein the torque rate fluctuates in a stepwise manner on the torque rate map (See at least fig 1-8, ¶ 150, 151, 152, 148, 149, 146, 145, 143, 144, 130, 86, 74, 79, 72, 69, 73, 71, “the basic target torque determiner 21 determines the basic target torque Trs on the basis of the detection values (current values) of received vehicle speed and accelerator (gas) pedal manipulated variable according to a preset map, which specifies the relationship among vehicle speeds, accelerator (gas) pedal manipulated variables, and basic target torques.”).
Regarding claim 5, Saitoh discloses the vehicle control device according to claim 3, wherein when the torque of the electric motor decreases from the region on the positive side of the torque to the region on the negative side of the torque, an intermediate region in which the torque rate fluctuates from a large value to a small value is close to a region where the torque rate approaches 0 (See at least fig 1-8, ¶ 102, 77, 66, 88, 64, 60, 59, 58, 57, 56,54, 65, 61, “the accelerator (gas) pedal sensor 13 detects the amount of depression on the accelerator (gas) pedal (not shown) of the vehicle 1 (hereinafter referred to as "the accelerator (gas) pedal manipulated variable"), and outputs the detection value to the vehicle control unit 5 as the detection data on the operational state of the accelerator (gas) pedal. The brake pedal sensor 14 detects a depressing force applied to the brake pedal (not shown) of the vehicle 1 (hereinafter referred to as "the brake pedal manipulated variable") and outputs the detection value to the vehicle control unit 5 as the detection data on the operational state of the brake pedal”).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 LUIS MARTINEZ whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on Monday-Friday 8:30AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665