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 .
Status of Claims
This Office Action is in response to the application filed on June 27, 2024. Claims 8 and 10 were previously canceled. Claims 1-7, 9, and 11-22 are presently pending and are presented for examination.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-7, 9, and 12-13 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-6, and 17-20 of prior Application No. 18/729,507. This is a statutory double patenting rejection as follows:
Current Application’s claims
Application’s claims
1
1
2
2
3
3
4
4
5
5
6
6
7
17
9
20
12
18
13
19
Specification
Specification (para 0002) is objected to because of the following informalities:
(para 0002) recites “when a output torque of a motor changes”. Examiner respectfully suggests revising it to “when an output torque of a motor changes”.
Appropriate correction is required.
Claims Objections
Claims 1, 7 and 9 are objected to because of the following informalities:
Claims 1, 7 and 9 recite “according the output torque”. Examiner respectfully suggests revising it to “according to the output torque” or any other appropriate correction.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-2, 7, 9, 12, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 20170015213 (hereinafter, "Terada").
Regarding claim 1, Terada discloses a motor control method of an electric vehicle, comprising:
detecting a relative deformation of a transmission system between a driving gear and a wheel end of a motor (“the motor drive control device comprising: relative-position detection means for detecting a relative position between a tooth of an input-side gear and a tooth of an output-side gear included in the speed reducer” (claim 1));
determining a first speed difference value of a first driving gear rotation speed and a first wheel end conversion rotation speed when the relative deformation is a first threshold (“The relative velocity Vnow is obtained as a difference between a first gear circumferential velocity V1 now and a second gear circumferential velocity V2now (V2now−V1 now). The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51” (para 0081)), wherein the relative deformation being the first threshold value is used to indicate that the driving gear starts to disengage from a driven gear of the transmission system (“The current backlash can be obtained from, for example, the relative position between the tooth of the input-side gear and the tooth of the output-side gear, which is detected by the relative-position detection means” (para 0029)), the first driving gear rotation speed is a rotation speed of the driving gear at a disengagement moment of the driving gear and the driven gear, and the first wheel end conversion rotation speed is a rotation speed obtained by performing a speed ratio conversion on the wheel end rotation speed of the electric vehicle at the disengagement moment (“a conversion coefficient for converting the rotation angle of the second gear 52 into the rotation angle of the first gear 51 is k(=number of teeth of the second gear 52/number of teeth of the first gear 51). Then, the rotation angle obtained by converting the second rotation angle 02 into the rotation angle of the first gear 51 is k·Θ2” (para 0068) and “The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51, whereas the second gear circumferential velocity V2now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the second rotation angle Θ2, into the circumferential velocity of the tooth 52 t of the second gear 52” (para 0081));
determining an output torque of the motor according to the first speed difference value; and controlling the driving gear to perform a tooth approaching operation relative to the driven gear according the output torque (“The gear rattling noise reduction control processing adjusts the motor torque (braking torque or driving torque) in the idling time period from the time of abutment release to the time of re-abutment to perform control so that a moving velocity of the tooth 51 t of the first gear 51 in a circumferential direction becomes closer to that of the tooth 52 t of the second gear 52 in the circumferential direction at the time of re-abutment, thereby reducing the gear rattling noise” (para 0062)).
Regarding claim 2, Terada discloses the motor control method according to claim 1. Additionally, Terada discloses wherein the determining the output torque of the motor according to the first speed difference value comprises:
determining a product of the first speed difference value and a first time length as a first product (“The area A is an integrated value obtained by integrating the predicted relative velocity V(=predicted approach velocity) from the current time to an estimated re-abutment time (time at which the predicted relative velocity V becomes zero) by time. The predicted relative velocity V is obtained by adding a predicted relative-velocity change amount (axelapsed time from the current time) to the relative velocity V(=V2−V1) at the current time” (para 0079) and Fig. 7, #A), wherein the first time length is a duration from the disengagement moment to a contact moment of the driving gear and the driven gear (“the motor ECU 80 may set a time period from the time at which the motor torque is reversed in response to the output of the reverse request to a time at which the backlash B becomes equal to a preset first set backlash Bref1 (for example, half the initial backlash B0) as the time period D1 in which the reverse set torque Tn is generated and may set a time period from the end of the time period D1 to a time at which the backlash B becomes equal to a preset second set backlash Bref2 as the time period D2 in which the return set torque Tp is generated” (para 0104) and Fig. 7, #IDLING TIME PERIOD); and
if the first product is less than a preset backlash value (“By the idling, the first gear circumferential velocity V1 decreases with a constant gradient α (see part (a) of FIG. 5). Therefore, a relative velocity V(=V2−V1) between the first gear circumferential velocity V1 and the second gear circumferential velocity V2 increases as expressed as a product (α·tx) of elapsed time tx from the time t1 and the gradient α. Simultaneously, the backlash B decreases” (para 0074)), determining that the output torque comprises a first torque and a second torque, wherein directions of the first torque and the second torque are opposite (“In the gear rattling noise reduction control processing, the motor ECU 80 switches the motor torque from the reverse set torque Tn to a return set torque Tp in the middle of a time period in which the first gear 51 is idling (see part (c) of FIG. 5). The return set torque Tp is a preset constant driving torque that has the same magnitude (absolute value) as the reverse set torque Tn and the direction (sign) opposite to that of the reverse set torque Tn. In the example shown in FIG. 5, at a time t2, the motor torque is switched from the reverse set torque Tn to the return set torque Tp” (para 0075)), the first torque is a required torque in a time interval from the disengagement moment to a transition moment of the motor in an acceleration state and a deceleration state (Fig. 5, #Tn), and the second torque is a required torque in a time interval from the transition moment to the contact moment (Fig. 5, #Tp).
Regarding claim 7, Terada discloses a motor control apparatus of an electric vehicle, comprising:
a processor and a memory in communication connection with the processor; wherein the memory stores computer executable instructions; and the processor, when executing the computer executable instructions stored in the memory (“The motor ECU 80 calculates the initial backlash B0 at arbitrary timing and stores the calculated initial backlash B0 in a memory” (para 0071) and Fig. 1, #80), is configured to:
detect a relative deformation of a transmission system between a driving gear and a wheel end of a motor (“the motor drive control device comprising: relative-position detection means for detecting a relative position between a tooth of an input-side gear and a tooth of an output-side gear included in the speed reducer” (claim 1));
determine a first speed difference value of a first driving gear rotation speed and a first wheel end conversion rotation speed when the relative deformation is a first threshold (“The relative velocity Vnow is obtained as a difference between a first gear circumferential velocity V1 now and a second gear circumferential velocity V2now (V2now−V1 now). The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51” (para 0081)), wherein the relative deformation being the first threshold value is used to indicate that the driving gear starts to disengage from a driven gear of the transmission system (“The current backlash can be obtained from, for example, the relative position between the tooth of the input-side gear and the tooth of the output-side gear, which is detected by the relative-position detection means” (para 0029)), the first driving gear rotation speed is a rotation speed of the driving gear at a disengagement moment of the driving gear and the driven gear, and the first wheel end conversion rotation speed is a rotation speed obtained by performing a speed ratio conversion on the wheel end rotation speed of the electric vehicle at the disengagement moment (“a conversion coefficient for converting the rotation angle of the second gear 52 into the rotation angle of the first gear 51 is k(=number of teeth of the second gear 52/number of teeth of the first gear 51). Then, the rotation angle obtained by converting the second rotation angle 02 into the rotation angle of the first gear 51 is k·Θ2” (para 0068) and “The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51, whereas the second gear circumferential velocity V2now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the second rotation angle Θ2, into the circumferential velocity of the tooth 52 t of the second gear 52” (para 0081));
determine an output torque of the motor according to the first speed difference value; and control the driving gear to perform a tooth approaching operation relative to the driven gear according the output torque (“The gear rattling noise reduction control processing adjusts the motor torque (braking torque or driving torque) in the idling time period from the time of abutment release to the time of re-abutment to perform control so that a moving velocity of the tooth 51 t of the first gear 51 in a circumferential direction becomes closer to that of the tooth 52 t of the second gear 52 in the circumferential direction at the time of re-abutment, thereby reducing the gear rattling noise” (para 0062)).
Regarding claim 9, Terada discloses a non-transitory computer-readable storage medium having computer executable instructions stored therein, wherein a processor (“The motor ECU 80 calculates the initial backlash B0 at arbitrary timing and stores the calculated initial backlash B0 in a memory” (para 0071) and Fig. 1, #80), when executing the computer executable instructions is configured to:
detect a relative deformation of a transmission system between a driving gear and a wheel end of a motor (“the motor drive control device comprising: relative-position detection means for detecting a relative position between a tooth of an input-side gear and a tooth of an output-side gear included in the speed reducer” (claim 1));
determine a first speed difference value of a first driving gear rotation speed and a first wheel end conversion rotation speed when the relative deformation is a first threshold (“The relative velocity Vnow is obtained as a difference between a first gear circumferential velocity V1 now and a second gear circumferential velocity V2now (V2now−V1 now). The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51” (para 0081)), wherein the relative deformation being the first threshold value is used to indicate that the driving gear starts to disengage from a driven gear of the transmission system (“The current backlash can be obtained from, for example, the relative position between the tooth of the input-side gear and the tooth of the output-side gear, which is detected by the relative-position detection means” (para 0029)), the first driving gear rotation speed is a rotation speed of the driving gear at a disengagement moment of the driving gear and the driven gear, and the first wheel end conversion rotation speed is a rotation speed obtained by performing a speed ratio conversion on the wheel end rotation speed of the electric vehicle at the disengagement moment(“a conversion coefficient for converting the rotation angle of the second gear 52 into the rotation angle of the first gear 51 is k(=number of teeth of the second gear 52/number of teeth of the first gear 51). Then, the rotation angle obtained by converting the second rotation angle 02 into the rotation angle of the first gear 51 is k·Θ2” (para 0068) and “The first gear circumferential velocity V1 now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the first rotation angle Θ1, into the circumferential velocity of the tooth 51 t of the first gear 51, whereas the second gear circumferential velocity V2now is obtained by converting a rotational angular velocity at the current time, which is calculated by time derivative of the second rotation angle Θ2, into the circumferential velocity of the tooth 52 t of the second gear 52” (para 0081));
determine an output torque of the motor according to the first speed difference value; and control the driving gear to perform a tooth approaching operation relative to the driven gear according the output torque (“The gear rattling noise reduction control processing adjusts the motor torque (braking torque or driving torque) in the idling time period from the time of abutment release to the time of re-abutment to perform control so that a moving velocity of the tooth 51 t of the first gear 51 in a circumferential direction becomes closer to that of the tooth 52 t of the second gear 52 in the circumferential direction at the time of re-abutment, thereby reducing the gear rattling noise” (para 0062)).
Regarding claim 12, Terada discloses the motor control apparatus according to claim 7. Additionally, Terada discloses wherein the processor is configured to:
determine a product of the first speed difference value and a first time length as a first product (“The area A is an integrated value obtained by integrating the predicted relative velocity V(=predicted approach velocity) from the current time to an estimated re-abutment time (time at which the predicted relative velocity V becomes zero) by time. The predicted relative velocity V is obtained by adding a predicted relative-velocity change amount (axelapsed time from the current time) to the relative velocity V(=V2−V1) at the current time” (para 0079) and Fig. 7, #A), wherein the first time length is a duration from the disengagement moment to a contact moment of the driving gear and the driven gear (“the motor ECU 80 may set a time period from the time at which the motor torque is reversed in response to the output of the reverse request to a time at which the backlash B becomes equal to a preset first set backlash Bref1 (for example, half the initial backlash B0) as the time period D1 in which the reverse set torque Tn is generated and may set a time period from the end of the time period D1 to a time at which the backlash B becomes equal to a preset second set backlash Bref2 as the time period D2 in which the return set torque Tp is generated” (para 0104) and Fig. 7, #IDLING TIME PERIOD); and
if the first product is less than a preset backlash value (“By the idling, the first gear circumferential velocity V1 decreases with a constant gradient α (see part (a) of FIG. 5). Therefore, a relative velocity V(=V2−V1) between the first gear circumferential velocity V1 and the second gear circumferential velocity V2 increases as expressed as a product (α·tx) of elapsed time tx from the time t1 and the gradient α. Simultaneously, the backlash B decreases” (para 0074)), determining that the output torque comprises a first torque and a second torque, wherein directions of the first torque and the second torque are opposite (“In the gear rattling noise reduction control processing, the motor ECU 80 switches the motor torque from the reverse set torque Tn to a return set torque Tp in the middle of a time period in which the first gear 51 is idling (see part (c) of FIG. 5). The return set torque Tp is a preset constant driving torque that has the same magnitude (absolute value) as the reverse set torque Tn and the direction (sign) opposite to that of the reverse set torque Tn. In the example shown in FIG. 5, at a time t2, the motor torque is switched from the reverse set torque Tn to the return set torque Tp” (para 0075)), the first torque is a required torque in a time interval from the disengagement moment to a transition moment of the motor in an acceleration state and a deceleration state (Fig. 5, #Tn), and the second torque is a required torque in a time interval from the transition moment to the contact moment (Fig. 5, #Tp).
Regarding claim 18, Terada discloses the non-transitory computer-readable storage medium according to claim 9. Additionally, Terada discloses wherein the processor is configured to:
determine a product of the first speed difference value and a first time length as a first product (“The area A is an integrated value obtained by integrating the predicted relative velocity V(=predicted approach velocity) from the current time to an estimated re-abutment time (time at which the predicted relative velocity V becomes zero) by time. The predicted relative velocity V is obtained by adding a predicted relative-velocity change amount (axelapsed time from the current time) to the relative velocity V(=V2−V1) at the current time” (para 0079) and Fig. 7, #A), wherein the first time length is a duration from the disengagement moment to a contact moment of the driving gear and the driven gear (“the motor ECU 80 may set a time period from the time at which the motor torque is reversed in response to the output of the reverse request to a time at which the backlash B becomes equal to a preset first set backlash Bref1 (for example, half the initial backlash B0) as the time period D1 in which the reverse set torque Tn is generated and may set a time period from the end of the time period D1 to a time at which the backlash B becomes equal to a preset second set backlash Bref2 as the time period D2 in which the return set torque Tp is generated” (para 0104) and Fig. 7, #IDLING TIME PERIOD); and
if the first product is less than a preset backlash value (“By the idling, the first gear circumferential velocity V1 decreases with a constant gradient α (see part (a) of FIG. 5). Therefore, a relative velocity V(=V2−V1) between the first gear circumferential velocity V1 and the second gear circumferential velocity V2 increases as expressed as a product (α·tx) of elapsed time tx from the time t1 and the gradient α. Simultaneously, the backlash B decreases” (para 0074)), determining that the output torque comprises a first torque and a second torque, wherein directions of the first torque and the second torque are opposite (“In the gear rattling noise reduction control processing, the motor ECU 80 switches the motor torque from the reverse set torque Tn to a return set torque Tp in the middle of a time period in which the first gear 51 is idling (see part (c) of FIG. 5). The return set torque Tp is a preset constant driving torque that has the same magnitude (absolute value) as the reverse set torque Tn and the direction (sign) opposite to that of the reverse set torque Tn. In the example shown in FIG. 5, at a time t2, the motor torque is switched from the reverse set torque Tn to the return set torque Tp” (para 0075)), the first torque is a required torque in a time interval from the disengagement moment to a transition moment of the motor in an acceleration state and a deceleration state (Fig. 5, #Tn), and the second torque is a required torque in a time interval from the transition moment to the contact moment (Fig. 5, #Tp).
Allowable Subject Matter
Claims 3-6, 11, 13-17, and 19-22 are objected to as being dependent upon a rejected base claim, but would be allowable over the prior art and may be found allowable after the above objections and/or rejections corresponding to the claims are remedied and the claim(s) re-written in independent form, including all of the limitations of the corresponding independent claim(s) and any intervening claim.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reason for allowance of Claims 3-6, 11, 13-17, and 19-22 in the instant application is because the prior arts of record fails to teach the overall combination as claimed.
Claims 3, 13, and 19 recite "determining a second speed difference value of a current driving gear speed and a second wheel end conversion rotation speed according to the preset backlash value, the first speed difference value and the first time length at the transition moment, wherein the second wheel end conversion rotation speed is a rotation speed obtained by performing a speed ratio conversion on the wheel end rotation speed of the electric vehicle at the transition moment;
determining a second driving gear rotation speed according to the second speed difference value and the second wheel end conversion rotation speed, wherein the second driving gear rotation speed is a rotation speed of the driving gear at the transition moment;
determining the first torque according to the second driving gear rotation speed, the first driving gear rotation speed, a duration of the disengagement moment and the transition moment, and a sliding friction force of the driving gear under the second driving gear rotation speed; and
determining the second torque according to the second driving gear rotation speed, a third driving gear rotation speed, a duration of the transition moment and the contact moment, and a sliding friction force of the driving gear under the third driving gear rotation speed, wherein the third driving gear rotation speed is a rotation speed of the driving gear at the contact moment".
Claims 4, 14, and 20 recite "if the first product is greater than or equal to the preset backlash value, determining a product of the first speed difference value and a second time length as a second product, wherein the second time length is a duration from the disengagement moment to the transition moment; and
if the second product is less than the preset backlash value, determining that the output torque comprises the first torque and the second torque, wherein the directions of the first torque and the second torque are the same".
Claims 5, 15, and 21 recite "if the second product is greater than or equal to the preset backlash value, determining a third wheel end conversion rotation speed at a target moment, wherein the third wheel end conversion rotation speed is a rotation speed obtained by performing a speed ratio conversion on the wheel end rotation speed of the electric vehicle at the target moment, the target moment is a moment when the driving gear re-contact with the driven gear in the second time; and
determining a third torque according to the third wheel end conversion rotation speed, the first driving gear rotation speed and a duration of the disengagement moment and the target moment, wherein the third torque is a required torque in a time interval from the disengagement moment to the target moment, and the output torque comprises the third torque".
Claims 6, 11, 16-17, and 22 recite "determining a third speed difference value of a current driving gear speed and a driven gear rotation speed when detecting that the output torque of the motor changes;
determining a relative displacement of the driving gear and the driven gear according to the third speed difference value; and
determining the relative deformation according to the relative displacement".
The prior art of record including the disclosures neither anticipates nor renders obvious the above recited combination.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP~ 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ALHARBI whose telephone number is (313)446-6621. The examiner can normally be reached on M-F 11:00AM – 7:30PM EST.
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/ADAM M ALHARBI/Primary Examiner, Art Unit 3663