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 .
In the event the determination of the status of the application as subject to 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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/7/2026 has been entered.
Status of Claims
This Office Action is in response to the amendments filed on 4/7/2026. Claims 1, 3-12, and 14-19 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. All pending claims therefore have an effective filing date of 11/5/2021.
Response to Arguments
Applicant's arguments, see pages 6-8 of 10, filed 4/7/2026, have been fully considered but they are not persuasive. The Applicant has argued that none of the references of record disclose or teach the amended limitations incorporated in claim 1, however the Examiner respectfully disagrees. Enomoto teaches a correlation between different velocity stages and tractive force characteristics, as well as different control modes which affect engine torque. These teachings are an obvious modification to Nishida’s engine performances responsive to a selected mode for reasons detailed below.
Claim Interpretation
The Examiner notes the difference of terminology used with respect to “predefined dynamic classes” and “defined dynamic classes” in claims 9 and 16-17, but does not place any patentable weight on the difference in terms since there appears to be no significance between the terms.
Claim Objections
Claims 10-11 are objected to because of the following informalities:
Claim 10 as currently presented states “…the selected predefined dynamic class…” which the Examiner recommends updating to instead state “…[ [ the ] ] a selected predefined dynamic class…” or “…the transmitted predefined dynamic class…” or “…the received predefined dynamic class…”, or the like, so as to avoid potential misinterpretation.
Claim 11 as currently presented states “…an acceleration behavior, a deceleration behavior and/or a reversing behavior…” which the Examiner recommends updating to instead state “…[ [ an ] ] the acceleration behavior, [ [ a ] ] the deceleration behavior and/or [ [ a ] ] the reversing behavior…”, or the like, so as to avoid potential misinterpretation.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1, 3-12, and 14-19 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1, the final limitation of the claim states “…adapting a gradient of a target torque…” which is indefinite because it is unclear to the Examiner how this occurs or what the Applicant is intending to achieve. The claim does not provide adequate insight for one of ordinary skill in the art to interpret consistently, therefore the Examiner must rely on the specification and drawings to formulate a broadest reasonable interpretation, which may not align with the Applicant’s intention. According to [0046] and Figure 5, the Examiner assumes that a gradual shift in speed occurs when switching from one mode to another, similar to a smooth clutch operation during a gear shift. However, the Examiner is uncertain how torque relates to the Figures as currently presented.
Claims 3-12 and 14-19 are also rejected since the claims are dependent on a previously rejected claim.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-12, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida et al. (US-2012/0166053; hereinafter Nishida; already of record) in view of Kastner et al. (US-2015/0142292; hereinafter Kastner; already of record) and Foster et al. (US-2014/0100743; hereinafter Foster; already of record), and further in view of Enomoto (US-2016/0122977; already of record).
Regarding claim 1, Nishida discloses a method for operating a drive train of an electrically driven working machine having a control device that controls the drive train (see Nishida at least [0025] “In FIG. 1, a reference numeral 1 indicates an engine. The engine 1 forms main part of a power train 10 of a vehicle such as an automobile by being connected to a continuously variable transmission 3 via a starting clutch 2 such as an electromagnetic clutch or a torque converter.”), comprising:
receiving and evaluating, with the control device, input commands transmitted from a vehicle computer via one respective CAN interface (see Nishida at least [0027]-[0028] "...The hydraulic pressure control circuit 8 is controlled by a shift control device (T/M_ECU) 20 to be described later... The T/M_ECU 20 is connected to various control devices such as an engine control device (E/G_ECU) 21 and a integrated control device (integrated_ECU) 22 via an in-vehicle communication line 23 such as CAN (Controller Area Network) communication so as to allow communication therewith. Each of the ECUs 20 to 22 mainly includes a microcomputer that has a CPU, a ROM, a RAM, a non-volatile storage unit such as an EEPROM that are well-known."), wherein the input commands comprise at least … a current pedal position (see Nishida at least [0031] "To an input side of the E/G_ECU 21, connected are, various sensors such as an engine speed sensor 30 for detecting an engine speed Ne based on rotations of a crankshaft, an intake air amount sensor 31 that is disposed, for example, immediately downstream of an air cleaner and detects an intake air amount Q, an accelerator opening degree sensor 32 for detecting an actual accelerator opening degree .theta.acc based on the amount of the depression of an accelerator pedal, a throttle opening degree sensor 33 for detecting an opening degree .theta.th of an electronically-controlled throttle valve 16 provided in a an intake air passage 15..."), a current gearshift lever position (see Nishida at least [0030] "...Then, when the select lever 36c is moved to the upshift or downshift position in the manual range having been selected, the manual switch 40 outputs an upshift signal or a downshift signal.") and one of a plurality of predefined dynamic classes stored in the control device (see Nishida at least [0032]-[0033] "To an output side of the integrated_ECU 22 connected are, for example, the above-described manual switch 40 described above, a mode selection switch 35 for selectively switching between control modes of the driving force characteristics generated by the power train 10 in response to an accelerator operation, and a temporary manual switch 42 disposed in a steering 41. In the present embodiment, the driving force modes of the power train 10 include three kinds of mode M: a normal mode M1, a save mode M2 and a power mode M3. The integrated_ECU 22 outputs mode information selected by a driver via the mode selection switch 45 to the T/M_ECU 20 and the E/G ECU 21 via the in-vehicle communication line 23." and [0035] “The E/G_ECU 21 has, for example, three mode maps Mpe1, Mpe2 and Mpe3 preset and stored in a memory thereof that represent engine output characteristics...”), wherein each predefined dynamic class maps an individual speed curve over time (see Nishida at least Figs 11A, [0024] "...FIGS. 11A and 11B each illustrate a vehicle speed transition with respect to an accelerator pedal depressing operation in each of the driving power characteristic modes having been selected in the manual shift mode…" and [0032]-[0033] "To an output side of the integrated_ECU 22 connected are, for example, the above-described manual switch 40 described above, a mode selection switch 35 for selectively switching between control modes of the driving force characteristics generated by the power train 10 in response to an accelerator operation, and a temporary manual switch 42 disposed in a steering 41. In the present embodiment, the driving force modes of the power train 10 include three kinds of mode M: a normal mode M1, a save mode M2 and a power mode M3. The integrated_ECU 22 outputs mode information selected by a driver via the mode selection switch 45 to the T/M_ECU 20 and the E/G ECU 21 via the in-vehicle communication line 23.");
driving the drive train depending on the one predefined dynamic class of the plurality of predefined dynamic classes that is transmitted to the control device and is included in the input commands received and evaluated with the control device (see Nishida at least [0037] "Based on the selected mode map Mpe and detection signals from various sensors, the E/G_ECU 21 sets a fuel injection timing and a fuel injection pulse width (pulse time) for the injector 17. Further, the E/G_ECU 21 outputs a throttle opening signal to the throttle actuator 16a, thereby controlling the opening degree of the throttle valve 16.").
wherein each of the predefined dynamic classes maps an individual time-dependent speed curve for implementing an acceleration behavior (see Nishida at least [0024] "...FIGS. 11A and 11B each illustrate a vehicle speed transition with respect to an accelerator pedal depressing operation in each of the driving power characteristic modes having been selected in the manual shift mode…" [0033] "In the present embodiment, the driving force modes of the power train 10 include three kinds of mode M: a normal mode M1, a save mode M2 and a power mode M3. The integrated_ECU 22 outputs mode information selected by a driver via the mode selection switch 45 to the T/M_ECU 20 and the E/G ECU 21 via the in-vehicle communication line 23." [0095] "...Even in the case in which, for example, the driver depresses the accelerator pedal in the manual shift mode having been selected under a same traveling state, as shown by bold solid lines in FIGS. 9A to 9C, automatic upshift operations are successively performed on earlier timing in the save mode M2 having been selected (refer to FIG. 9B) than in the normal mode M1 having been selected (refer to FIG. 9A), awhile they are successively performed on later timing in the power mode M3 having been selected (refer to FIG. 9C) than in the normal mode M1 having been selected. Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A. Note that bold dashed lines in FIGS. 9A to 9C show, for example, automatic downshift in coast cruising in the manual shift mode.") …
…
…
…
adapting a gradient of a target torque … based on changing current brake status, changing current pedal position, and/or changing gearshift lever position (see Nishida at least Fig 2 and [0038]-[0040] “The normal mode map Mpe1 shown in FIG. 2A is configured to have target torque that linearly changes when the accelerator opening degree .theta.acc is relatively small, and reaches its maximum when the throttle valve 16 is almost fully open. In the save mode map Mpe2 shown in FIG. 2B, a rise in target torque is suppressed as compared to the normal mode map Mpe1, and the throttle valve 16 does not fully open even if the accelerator pedal is fully pressed. A change in the opening degree of the throttle valve 16 is relatively smaller than that in the normal mode when the accelerator pedal is depressed. Thus, even if the accelerator pedal is depressed by a same amount as in the normal mode, the throttle opening degree .theta.e remains small, which suppresses a rise in output torque. As a result, accelerator operations such as fully depressing the accelerator pedal can be enjoyed by causing the vehicle to be driven with the output torque suppressed according to the save mode map Mpe2. In addition, since a rise in target torque is suppressed, a good balance can be achieved between ease of driving and better fuel economy... Further, the power mode map Mpe3 shown in FIG. 2C is configured to provide a greater rate of in target torque in response to a change in the accelerator opening degree .theta.acc over substantially the entire operating range. Thus, in the case of a vehicle equipped with a 3-liter engine, the target torque is set so as to allow the 3-liter engine to provide its maximum potential.”).
However, Nishida does not explicitly disclose the following:
…wherein the input commands comprise at least a current brake status…
…wherein each of the predefined dynamic classes maps an individual time-dependent speed curve for implementing … a deceleration behavior and a reversing behavior…
…wherein the input commands also comprise one of a plurality of predefined tractive power classes stored in the control device…
…wherein each tractive power class maps an individual tractive force curve as a function of a transmission output speed…
…wherein the drive train is driven as a function of the tractive power class transmitted to the control device and selected via a respective input command of the input commands…
…changing between two tractive power classes…
Kastner, in the same field of endeavor, teaches the following:
…wherein the input commands comprise at least a current brake status (see Kastner at least [0021] "The vehicle speed control unit therefore manipulates the driving/braking force of the own vehicle on the basis of the manipulated variable for vehicle speed control corresponding to a highest appropriateness among the determined appropriateness functions, thereby controlling the vehicle speed of the own vehicle." and [0261] "...The driving/braking force control unit 245 controls the engine 4 or the brake device 5 according to the target appropriate acceleration/deceleration a_opt_cmd determined by the appropriate-for-control manipulated variable determination unit 244.")…
…wherein each of the predefined dynamic classes maps an individual time-dependent speed curve for implementing … a deceleration behavior (see Kastner at least Fig 4 and [0137] "The normal mode is a general-purpose target travel mode (more specifically, a target travel mode in which the acceleration/deceleration speed of the vehicle 2 is frequently maintained to a relatively low level), while the sports mode is a target travel mode that places more emphasis on acceleration/deceleration performance of the vehicle 2, as compared with the normal mode (more specifically, a target travel mode in which more marked acceleration or deceleration is likely to be implemented than in the normal mode).")…
…
…
…
…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the input commands and dynamic classes such as disclosed by Nishida with a current brake status and deceleration behavior, respectively, such as taught by Kastner with a reasonable expectation of success so as to control the vehicle according to desired conditions (see Kastner at least [0002]).
However, while Figure 4 of Kastner implies the dynamic class map for both forwards and reverse travel, neither Nishida nor Kastner explicitly disclose or teach the following:
…wherein each of the predefined dynamic classes maps an individual time-dependent speed curve for implementing … a reversing behavior…
…wherein the input commands also comprise one of a plurality of predefined tractive power classes stored in the control device…
…wherein each tractive power class maps an individual tractive force curve as a function of a transmission output speed…
…wherein the drive train is driven as a function of the tractive power class transmitted to the control device and selected via a respective input command of the input commands…
…changing between two tractive power classes…
Foster, in the same field of endeavor, teaches the following:
…wherein each of the predefined dynamic classes maps an individual time-dependent speed curve for implementing … a reversing behavior (see Foster at least [0028] "Applying the above relationships between first travel mode 24 and second travel mode 26 and further between forward and reverse travel directions in each of first travel mode 24 and second travel mode 26 yields the following results in the exemplary embodiment. That is, if a range of speed of the work vehicle in first travel mode 24 is from zero to maximum speed of the work vehicle, the range of speed of the work vehicle in second travel mode 26 is from zero to a percentage (i.e., a proper fraction) of maximum speed of the work vehicle. In addition, if the range of speed of the work vehicle in first travel mode 24 in the first travel direction (forward) is from zero to maximum speed, the range of speed of the work vehicle in first travel mode 24 in the second travel direction (reverse) is from zero to a percentage (i.e., a proper fraction) of maximum speed. Further, the range of speed of the work vehicle in the second travel mode of from zero to a percentage (i.e., a proper fraction) of maximum speed is less than the range of speed in the first travel mode. Stated differently, the maximum travel speed in the second travel mode is less than a maximum travel speed in the first travel mode. In addition, the range of speed of the work vehicle in second travel mode 26 in the first direction (forward) of from zero to a percentage (i.e., a proper fraction) of maximum speed is greater than the range of speed in second travel mode 26 in the second direction (reverse). Stated another way, the maximum travel speed in the second travel mode in the first direction (forward) is greater than a maximum travel speed in the second travel mode in a second direction (reverse).")…
…
…
…
…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the availability of multiple control modes such as taught by Nishida in view of Kastner with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success so as to fulfill operator needs during an operation (see Foster at least [0002]-[0003]).
Neither Nishida nor Kastner nor Foster explicitly disclose or teach the following:
…wherein the input commands also comprise one of a plurality of predefined tractive power classes stored in the control device…
…wherein each tractive power class maps an individual tractive force curve as a function of a transmission output speed…
…wherein the drive train is driven as a function of the tractive power class transmitted to the control device and selected via a respective input command of the input commands…
…changing between two tractive power classes…
Enomoto, in the same field of endeavor, teaches the following:
…wherein the input commands also comprise one of a plurality of predefined tractive power classes stored in the control device (see Enomoto at least [0077]-[0078] "...Specifically, when the control mode of the tractive force is in the high-output mode and the velocity stage of the transmission 26 is the first velocity and the first level is selected, the control unit 10 controls the engine 21 on the basis of a first tractive force characteristic PLevel1... When the control mode of the tractive force is in the high-output mode and the velocity stage of the transmission 26 is the first velocity and the second level is selected, the control unit 10 controls the engine 21 on the basis of a second tractive force characteristic PLevel2...")…
…wherein each tractive power class maps an individual tractive force curve as a function of a transmission output speed (see Enomoto at least Fig 5 and [0077]-[0078] "...Specifically, when the control mode of the tractive force is in the high-output mode and the velocity stage of the transmission 26 is the first velocity and the first level is selected, the control unit 10 controls the engine 21 on the basis of a first tractive force characteristic PLevel1... When the control mode of the tractive force is in the high-output mode and the velocity stage of the transmission 26 is the first velocity and the second level is selected, the control unit 10 controls the engine 21 on the basis of a second tractive force characteristic PLevel2...")…
…wherein the drive train is driven as a function of the tractive power class transmitted to the control device and selected via a respective input command of the input commands (see Enomoto at least [0068]-[0069] "The setting input device 84 has a mode selecting unit 87. The mode selecting unit 87 is a device for the operator to manually select a control mode of the tractive force from among a high-output mode and a low-output mode. Therefore, the operator is able to set the control mode to either the high-output mode or the low-output mode by operating the setting input device 84. The output of the engine is controlled in accordance with predetermined engine torque curves in each of the modes…")…
…changing between two tractive power classes (see Enomoto at least [0068]-[0069] "The setting input device 84 has a mode selecting unit 87. The mode selecting unit 87 is a device for the operator to manually select a control mode of the tractive force from among a high-output mode and a low-output mode. Therefore, the operator is able to set the control mode to either the high-output mode or the low-output mode by operating the setting input device 84. The output of the engine is controlled in accordance with predetermined engine torque curves in each of the modes…")…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drivetrain operation as taught by Nishida in view of Kastner and Foster with tractive power class adjustments such as taught by Enomoto with a reasonable expectation of success so as to provide refined controls to a machine during specific operations (see Enomoto at least [0003]-[0005]).
Regarding claim 3, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein a first group of predefined dynamic classes defines the acceleration behavior of the electrically driven (see Kastner at least [0108] "...In place of the engine 4 or in addition to the engine 4, an electric motor may be mounted.") working machine (see Nishida at least Fig 11A, [0095] "...Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A…").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success so as to allow for regenerative braking functions (see Kastner at least [0263]).
Regarding claim 4, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 3, wherein the predefined dynamic classes each have a numeric designation, and wherein a greater acceleration of the electrically driven (see Kastner at least [0108] "...In place of the engine 4 or in addition to the engine 4, an electric motor may be mounted.") working machine is implemented with an increasing numeric dynamic class designation (see Nishida at least Fig 11A, [0095] "...Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A…" [0103] "Thus, as shown in FIG. 11B, for example, if the accelerator pedal is depressed in the manual shift mode having been selected, the kick-down operation is performed in a different manner in each of the modes M, and different acceleration performance is achieved in each of the modes M depending upon the manner in which the kick-down operation is performed." [0105] "Specifically, the kick-down allowable speed Nth for such a vehicle is set higher, for example, for a driving force characteristic mode having higher responsiveness to an accelerator operation. More specifically, the kick-down allowable speed Nth is set highest for the power mode M3, lower for the normal mode M1 and further lower for the save mode M2. In FIG. 12, for example, the kick-down allowable speed Nth is set to 3000 [rpm] for the power mode M3 (M=M3), 2500 [rpm] for the normal mode M1 (M=M1) and 2000 [rpm] for the save mode M2 (M=M2).").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success so as to allow for regenerative braking functions (see Kastner at least [0263]).
Regarding claim 5, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein a second group of predefined dynamic classes defines the deceleration behavior of the electrically driven working machine (see Kastner at least [0108] and [0137] "The normal mode is a general-purpose target travel mode (more specifically, a target travel mode in which the acceleration/deceleration speed of the vehicle 2 is frequently maintained to a relatively low level), while the sports mode is a target travel mode that places more emphasis on acceleration/deceleration performance of the vehicle 2, as compared with the normal mode (more specifically, a target travel mode in which more marked acceleration or deceleration is likely to be implemented than in the normal mode).").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dynamic classes as taught by Nishida in view of Kastner with deceleration behaviors such as taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 6, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 5, wherein the predefined dynamic classes each have a numeric designation (see Nishida at least Fig 11A and [0095] "...For example, in the case in which three types of the mode M (the normal mode M1, the save mode M2 and the power mode M3) are provided as the driving force characteristic mode M, the automatic upshift speed Nu is set such that it is highest for the power mode M3, lower for the normal mode Ml and further lower the save mode M2, thereby, together with different output power characteristics of the engine 1 for each of the modes M, achieving driving having the driving force characteristic that agrees with the driver's feeling is achieved, even in the manual shift mode having been selected... Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A. Note that bold dashed lines in FIGS. 9A to 9C show, for example, automatic downshift in coast cruising in the manual shift mode."), and wherein a greater deceleration of the electrically driven working machine is implemented with an increasing numeric dynamic class designation (see Kastner at least [0108] and [0137] "The normal mode is a general-purpose target travel mode (more specifically, a target travel mode in which the acceleration/deceleration speed of the vehicle 2 is frequently maintained to a relatively low level), while the sports mode is a target travel mode that places more emphasis on acceleration/deceleration performance of the vehicle 2, as compared with the normal mode (more specifically, a target travel mode in which more marked acceleration or deceleration is likely to be implemented than in the normal mode).").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dynamic classes as taught by Nishida in view of Kastner with deceleration behaviors such as taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 1 and claim 3.
Regarding claim 7, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein a third group of predefined dynamic classes defines the reversing behavior (see Foster at least [0028]) of the electrically driven working machine (see Kastner at least Fig 4 and [0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the availability of multiple control modes such as taught by Nishida in view of Kastner with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success for reasons similar to those provided above in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success so as to allow for regenerative braking functions (see Kastner at least [0263]).
Regarding claim 8, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 7, wherein the predefined dynamic classes each have a numeric designation (see Nishida at least Fig 11A and [0095] "...For example, in the case in which three types of the mode M (the normal mode M1, the save mode M2 and the power mode M3) are provided as the driving force characteristic mode M, the automatic upshift speed Nu is set such that it is highest for the power mode M3, lower for the normal mode Ml and further lower the save mode M2, thereby, together with different output power characteristics of the engine 1 for each of the modes M, achieving driving having the driving force characteristic that agrees with the driver's feeling is achieved, even in the manual shift mode having been selected... Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A. Note that bold dashed lines in FIGS. 9A to 9C show, for example, automatic downshift in coast cruising in the manual shift mode."), and wherein an increasingly rapid reversing of the electrically driven working machine is implemented with an increasing numeric dynamic class designation (see Kastner at least Fig 4 and [0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dynamic classes as taught by Nishida in view of Kastner with reversing behaviors such as taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 1 and claim 3.
Regarding claim 9, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 3, wherein at least two defined dynamic classes for each drive direction (see Foster at least [0028] "Applying the above relationships between first travel mode 24 and second travel mode 26 and further between forward and reverse travel directions in each of first travel mode 24 and second travel mode 26 yields the following results in the exemplary embodiment. That is, if a range of speed of the work vehicle in first travel mode 24 is from zero to maximum speed of the work vehicle, the range of speed of the work vehicle in second travel mode 26 is from zero to a percentage (i.e., a proper fraction) of maximum speed of the work vehicle. In addition, if the range of speed of the work vehicle in first travel mode 24 in the first travel direction (forward) is from zero to maximum speed, the range of speed of the work vehicle in first travel mode 24 in the second travel direction (reverse) is from zero to a percentage (i.e., a proper fraction) of maximum speed. Further, the range of speed of the work vehicle in the second travel mode of from zero to a percentage (i.e., a proper fraction) of maximum speed is less than the range of speed in the first travel mode. Stated differently, the maximum travel speed in the second travel mode is less than a maximum travel speed in the first travel mode. In addition, the range of speed of the work vehicle in second travel mode 26 in the first direction (forward) of from zero to a percentage (i.e., a proper fraction) of maximum speed is greater than the range of speed in second travel mode 26 in the second direction (reverse). Stated another way, the maximum travel speed in the second travel mode in the first direction (forward) is greater than a maximum travel speed in the second travel mode in a second direction (reverse).") of the electrically driven (see Kastner at least [0108]) working machine are stored on the control device for the first group of predefined dynamic classes (see Nishida at least Fig 11A, [0095] "...Thus, even in the manual shift mode Ml having been selected, acceleration performance can be clear and distinctive for each of the modes M, as exemplified in FIG. 11A…" [0103] "Thus, as shown in FIG. 11B, for example, if the accelerator pedal is depressed in the manual shift mode having been selected, the kick-down operation is performed in a different manner in each of the modes M, and different acceleration performance is achieved in each of the modes M depending upon the manner in which the kick-down operation is performed." [0105] "Specifically, the kick-down allowable speed Nth for such a vehicle is set higher, for example, for a driving force characteristic mode having higher responsiveness to an accelerator operation. More specifically, the kick-down allowable speed Nth is set highest for the power mode M3, lower for the normal mode M1 and further lower for the save mode M2. In FIG. 12, for example, the kick-down allowable speed Nth is set to 3000 [rpm] for the power mode M3 (M=M3), 2500 [rpm] for the normal mode M1 (M=M1) and 2000 [rpm] for the save mode M2 (M=M2).").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the availability of multiple control modes such as taught by Nishida in view of Kastner with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 10, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein the control device is configured to provide the vehicle computer with information about the selected predefined dynamic class and/or a current operation of the drive train (see Nishida at least [0033] "In the present embodiment, the driving force modes of the power train 10 include three kinds of mode M: a normal mode M1, a save mode M2 and a power mode M3. The integrated_ECU 22 outputs mode information selected by a driver via the mode selection switch 45 to the T/M_ECU 20 and the E/G ECU 21 via the in-vehicle communication line 23.").
Regarding claim 11, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, further comprising using, via the control device, the current brake status, the current pedal position and/or the current gearshift lever position to scale an acceleration behavior, a deceleration behavior and/or a reversing behavior of the electrically driven (see Kastner at least [0108]) working machine as a function of the one predefined dynamic class of the plurality of predefined dynamic classes that is transmitted to the control device and is included in the input commands received and evaluated with the control device (see Nishida at least [0037]-[0039] "Based on the selected mode map Mpe and detection signals from various sensors, the E/G_ECU 21 sets a fuel injection timing and a fuel injection pulse width (pulse time) for the injector 17. Further, the E/G_ECU 21 outputs a throttle opening signal to the throttle actuator 16a, thereby controlling the opening degree of the throttle valve 16. The normal mode map Mpe1 shown in FIG. 2A is configured to have target torque that linearly changes when the accelerator opening degree .theta.acc is relatively small, and reaches its maximum when the throttle valve 16 is almost fully open. In the save mode map Mpe2 shown in FIG. 2B, a rise in target torque is suppressed as compared to the normal mode map Mpe1, and the throttle valve 16 does not fully open even if the accelerator pedal is fully pressed. A change in the opening degree of the throttle valve 16 is relatively smaller than that in the normal mode when the accelerator pedal is depressed. Thus, even if the accelerator pedal is depressed by a same amount as in the normal mode, the throttle opening degree .theta.e remains small, which suppresses a rise in output torque. As a result, accelerator operations such as fully depressing the accelerator pedal can be enjoyed by causing the vehicle to be driven with the output torque suppressed according to the save mode map Mpe2. In addition, since a rise in target torque is suppressed, a good balance can be achieved between ease of driving and better fuel economy. For example, even a vehicle equipped with a three-liter engine provides a smooth and mild output characteristics while producing a sufficient output comparable to a two-liter engine, in which the target torque is set in such a manner that h importance is placed on ease of handling in a practical operating range, particularly, during city driving." and [0065] "As a result, when the driver depresses the accelerator pedal, the throttle valve 16 is opened or closed based on the parameters including the accelerator opening degree .theta.acc and the engine speed Ne according to the mode M selected by the driver, thereby allowing The engine 1 to be operated so as to provide an output characteristic that varies according to the modes M.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 3.
Regarding claim 12, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein the control device is configured to retrospectively change the predefined dynamic classes (see Nishida at least [0032] "To an output side of the integrated_ECU 22 connected are, for example, the above-described manual switch 40 described above, a mode selection switch 35 for selectively switching between control modes of the driving force characteristics generated by the power train 10 in response to an accelerator operation, and a temporary manual switch 42 disposed in a steering 41.").
Regarding claim 14, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein at least two predefined tractive power classes for each drive direction (see Foster at least [0028]) of the electrically driven (see Kastner at least [0108]) working machine are stored on the control device (see Enomoto at least [0068]-[0069] "The setting input device 84 has a mode selecting unit 87. The mode selecting unit 87 is a device for the operator to manually select a control mode of the tractive force from among a high-output mode and a low-output mode. Therefore, the operator is able to set the control mode to either the high-output mode or the low-output mode by operating the setting input device 84. The output of the engine is controlled in accordance with predetermined engine torque curves in each of the modes…").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the availability of multiple control modes such as taught by Nishida in view of Kastner and Foster with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success for reasons similar to those provided above in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the drivetrain operations as taught by Nishida in view of Kastner, Foster, and Enomoto with the storage of tractive power class adjustment information such as further taught by Enomoto with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 15, Nishida in view of Kastner and Foster and Enomoto teach the control device configured to carry out the method as claimed in claim 1 (see Nishida at least [0027]-[0028] "...The hydraulic pressure control circuit 8 is controlled by a shift control device (T/M_ECU) 20 to be described later... The T/M_ECU 20 is connected to various control devices such as an engine control device (E/G_ECU) 21 and a integrated control device (integrated_ECU) 22 via an in-vehicle communication line 23 such as CAN (Controller Area Network) communication so as to allow communication therewith. Each of the ECUs 20 to 22 mainly includes a microcomputer that has a CPU, a ROM, a RAM, a non-volatile storage unit such as an EEPROM that are well-known.").
Regarding claim 16, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 5, wherein at least two defined dynamic classes for each drive direction (see Foster at least [0028]) of the electrically driven working machine are stored on the control device for the second group of predefined dynamic classes (see Kastner at least [0108] and [0137] "The normal mode is a general-purpose target travel mode (more specifically, a target travel mode in which the acceleration/deceleration speed of the vehicle 2 is frequently maintained to a relatively low level), while the sports mode is a target travel mode that places more emphasis on acceleration/deceleration performance of the vehicle 2, as compared with the normal mode (more specifically, a target travel mode in which more marked acceleration or deceleration is likely to be implemented than in the normal mode).").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dynamic classes as taught by Nishida in view of Kastner with deceleration behaviors such as taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the availability of multiple control modes such as taught by Nishida in view of Kastner with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 17, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 7, wherein at least two defined dynamic classes for each drive direction (see Foster at least [0028]) of the electrically driven working machine (see Kastner at least Fig 4 and [0108]) are stored on the control device for the third group of predefined dynamic classes (see Foster at least [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the availability of multiple control modes such as taught by Nishida in view of Kastner with the applicability of different modes in each direction such as taught by Foster with a reasonable expectation of success for reasons similar to those provided above in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the working machine as disclosed by Nishida with electric drive capability such as further taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 3.
Regarding claim 19, Nishida in view of Kastner and Foster and Enomoto teach the method as claimed in claim 1, wherein adapting the gradient of the target torque (see Nishida at least Fig 2 and [0038]-[0040] “The normal mode map Mpe1 shown in FIG. 2A is configured to have target torque that linearly changes when the accelerator opening degree .theta.acc is relatively small, and reaches its maximum when the throttle valve 16 is almost fully open. In the save mode map Mpe2 shown in FIG. 2B, a rise in target torque is suppressed as compared to the normal mode map Mpe1, and the throttle valve 16 does not fully open even if the accelerator pedal is fully pressed. A change in the opening degree of the throttle valve 16 is relatively smaller than that in the normal mode when the accelerator pedal is depressed. Thus, even if the accelerator pedal is depressed by a same amount as in the normal mode, the throttle opening degree .theta.e remains small, which suppresses a rise in output torque. As a result, accelerator operations such as fully depressing the accelerator pedal can be enjoyed by causing the vehicle to be driven with the output torque suppressed according to the save mode map Mpe2. In addition, since a rise in target torque is suppressed, a good balance can be achieved between ease of driving and better fuel economy... Further, the power mode map Mpe3 shown in FIG. 2C is configured to provide a greater rate of in target torque in response to a change in the accelerator opening degree .theta.acc over substantially the entire operating range. Thus, in the case of a vehicle equipped with a 3-liter engine, the target torque is set so as to allow the 3-liter engine to provide its maximum potential.”) is based on each of changing current brake status (see Kastner at least [0021] "The vehicle speed control unit therefore manipulates the driving/braking force of the own vehicle on the basis of the manipulated variable for vehicle speed control corresponding to a highest appropriateness among the determined appropriateness functions, thereby controlling the vehicle speed of the own vehicle." and [0261] "...The driving/braking force control unit 245 controls the engine 4 or the brake device 5 according to the target appropriate acceleration/deceleration a_opt_cmd determined by the appropriate-for-control manipulated variable determination unit 244."), changing current pedal position (see Nishida at least Fig 2 and [0038]-[0040] “The normal mode map Mpe1 shown in FIG. 2A is configured to have target torque that linearly changes when the accelerator opening degree .theta.acc is relatively small, and reaches its maximum when the throttle valve 16 is almost fully open. In the save mode map Mpe2 shown in FIG. 2B, a rise in target torque is suppressed as compared to the normal mode map Mpe1, and the throttle valve 16 does not fully open even if the accelerator pedal is fully pressed. A change in the opening degree of the throttle valve 16 is relatively smaller than that in the normal mode when the accelerator pedal is depressed. Thus, even if the accelerator pedal is depressed by a same amount as in the normal mode, the throttle opening degree .theta.e remains small, which suppresses a rise in output torque. As a result, accelerator operations such as fully depressing the accelerator pedal can be enjoyed by causing the vehicle to be driven with the output torque suppressed according to the save mode map Mpe2. In addition, since a rise in target torque is suppressed, a good balance can be achieved between ease of driving and better fuel economy... Further, the power mode map Mpe3 shown in FIG. 2C is configured to provide a greater rate of in target torque in response to a change in the accelerator opening degree .theta.acc over substantially the entire operating range. Thus, in the case of a vehicle equipped with a 3-liter engine, the target torque is set so as to allow the 3-liter engine to provide its maximum potential.”), and changing gearshift lever position (see Nishida at least Fig 2 and [0038]-[0040] “The normal mode map Mpe1 shown in FIG. 2A is configured to have target torque that linearly changes when the accelerator opening degree .theta.acc is relatively small, and reaches its maximum when the throttle valve 16 is almost fully open. In the save mode map Mpe2 shown in FIG. 2B, a rise in target torque is suppressed as compared to the normal mode map Mpe1, and the throttle valve 16 does not fully open even if the accelerator pedal is fully pressed. A change in the opening degree of the throttle valve 16 is relatively smaller than that in the normal mode when the accelerator pedal is depressed. Thus, even if the accelerator pedal is depressed by a same amount as in the normal mode, the throttle opening degree .theta.e remains small, which suppresses a rise in output torque. As a result, accelerator operations such as fully depressing the accelerator pedal can be enjoyed by causing the vehicle to be driven with the output torque suppressed according to the save mode map Mpe2. In addition, since a rise in target torque is suppressed, a good balance can be achieved between ease of driving and better fuel economy... Further, the power mode map Mpe3 shown in FIG. 2C is configured to provide a greater rate of in target torque in response to a change in the accelerator opening degree .theta.acc over substantially the entire operating range. Thus, in the case of a vehicle equipped with a 3-liter engine, the target torque is set so as to allow the 3-liter engine to provide its maximum potential.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the input commands such as disclosed by Nishida with a current brake status such as taught by Kastner with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
While Nishida depicts a constant speed at a low range in Figure 11B, this constant speed is responsive to accelerator opening and does not directly pertain to a constant tractive force as stated in the claim. Enomoto depicts constant tractive force slopes in Figure 5, however the constant slope is not the same as a “constant individual tractive force” because the force changes in the lower speed ranges.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Darnell et al. (US-2014/0358393) teaches torque map blending so as to avoid step changes in response to accelerator position changes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN REIDY whose telephone number is (571) 272-7660. The examiner can normally be reached on M-F 7:00 AM- 3:00 PM.
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, Abby Flynn can be reached on (571) 272-9855. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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.
/S.P.R./Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
Prosecution Insights