Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 5-6 are objected to because of the following informalities: “Wherein the threshold torque value” limitation has “Wherein” capitalized. Please replace this to “wherein”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a shifting device that is manipulated by a driver to select the operating range…” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Paragraph 47 (Also fig. 5, 6A, 6B): Here, it is to be noted that such upshifting and downshifting to be caused by operating the switch shifter 2e or the paddle shifter 2h may be inhibited by operating a dedicated inhibiting device such as a button or switch. In addition, the right gate 2d may be omitted according to need if the switch shifter 2e or the paddle shifter 2h is arranged in the steering wheel 8.
Corresponding structure is one of the tangible shifters shown in figs. 5, 6A-6B of applicant’s disclosure.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 are rejected under 35 U.S.C. 102[a][1] as being anticipated by Oh et al. (US 20210387530 A1)
In regards to claim 1, Oh teaches, A control system for an electric vehicle that controls a motor serving as a prime mover based on a target torque value set in accordance with a required drive force, wherein the target torque value is set in accordance with an operating range of the electric vehicle selected from a plurality of ranges in which torque characteristics differ in accordance with a change in a speed of the motor, the control system comprising: (See abstract, generation of a virtual sensation of gear shifting of an electric vehicle capable of freely, directly changing and adjusting variables related to generation of the virtual sensation of gear shifting to provide drivers with preferred virtual sensation of gear shifting. Also see paragraph 43, the virtual sensation of gear shifting may be generated and realized through control of a driving motor. Also see paragraph 41, virtual gear shift intervention torque and limit torque for each virtual gear shift stage may be determined from input variables through the virtual gear shift model that uses vehicle driving information collected from a vehicle during driving, as an input, and then the determined virtual shift intervention torque, the determined limit torque for each virtual shift stage, and motor torque command may be used to operate a motor, to realize the virtual multi-speed gear shifting. Lastly see fig. 6, paragraph 109, FIG. 6 is a view showing a maximum motor torque curve according to the motor speed and limit torque for each virtual gear shift stage (Gear 1, 2, 3, 4, 5, …))
a shifting device that is manipulated by a driver to select the operating range from the plurality of ranges; and (See paragraph 52, the driving information detector 12 may include: a paddle shift …paragraph 55, the paddle shift input information may be received by the first controller 20 from the paddle shift…paragraph 79, whether to enter the manual gear shift mode may be determined, but when there is operation of the gear shift lever or input of the paddle shift, it may be determined that a manual gear shift mode that performs gear shifting according to the driver's intent is operated…paragraph 80, The virtual manual gear shift mode target gear shift stage TarGeMan may be determined by the driver's gear shift lever input information or paddle shift input information. )
a controller that controls an output torque of the motor based on the target torque value set in accordance with the operating range selected by operating the shifting device, (See paragraph 80-81, The virtual manual gear shift mode target gear shift stage TarGeMan may be determined by the driver's gear shift lever input information or paddle shift input information… in the manual gear shift mode, the virtual manual gear shift mode target gear shift stage TarGeMan determined by the driver's gear shift lever input or paddle shift input may be determined as the virtual target gear shift stage TarGe. Also see fig. 3, S13-S14, S17-S18, paragraph 62, the intermediate variable obtained from the input variable may include… a virtual target gear shift stage TarGe, a virtual manual gear shift mode target gear shift stage TarGeMan,)
wherein the controller is configured to selectively allow an execution of a skip shifting of the operating range to the range further than two ranges from the current operating range, based on the target torque value to be set in the operating range selected by operating the shifting device consecutively. (See paragraphs 60-62, the intermediate variable obtained from the input variable may include a virtual speed SpdVir, a virtual speed for downshifting SpdVirDn, a virtual target gear shift stage TarGe, a virtual manual gear shift mode target gear shift stage TarGeMan, a virtual current gear shift stage CurGe, a virtual engine speed OmegaVir, a gear ratio for each virtual gear shift stage rG1, rG2, . . . , rGi, a virtual final gear ratiorFg, a target input speed based on virtual target gear shift stage OmegaTar, a target input speed based on virtual current gear shift stage OmegaCur, and a virtual gear shift progress rate xProgress.
TarGeMan/CurGe/TarGe represent current and target gear shift stages, which can be multiple stages apart (e.g. fig. 6, par. 109, gear 1 thru 5 or more). Skip shifting occurs when the controller allows movement from CurGe to TarGe that is more than 1 stage away (claim requires two or more, but this is also satisfied when driver downshifts or upshifts from 1 to 5 and/or 5 to 1). The controller uses virtual gear shift intervention torque command and correction torque command to allow or prevent skip shifting based on torque limits. Lastly see fig. 3, from S14-S15 to one of “S17” or “S16”. Skip shifting is not performed if moved to “S16”, where control logic limits the torque command when virtual red zone is entered)
In regards to claim 2, Oh teaches the control system for the electric vehicle as claimed inf claim 1, wherein the controller is further configured to selectively allow an execution of the skip shifting when the shifting device is operated consecutively to shift the operating range to the range where the target torque value is increased from a value set in the current operating range. (See fig. 6, when target torque value is increased, it means downshifting request by driver has occurred. As mentioned above in rejection of claim 1, multiple shifting of gear is allowed by driver. Also see paragraphs 60-62, the intermediate variable obtained from the input variable may include a virtual speed SpdVir, a virtual speed for downshifting SpdVirDn, a virtual target gear shift stage TarGe, a virtual manual gear shift mode target gear shift stage TarGeMan, a virtual current gear shift stage CurGe, a virtual engine speed OmegaVir, a gear ratio for each virtual gear shift stage rG1, rG2, . . . , rGi, a virtual final gear ratiorFg, a target input speed based on virtual target gear shift stage OmegaTar, a target input speed based on virtual current gear shift stage OmegaCur, and a virtual gear shift progress rate xProgress. Lastly see fig. 4, gear shift schedule map for downshifting and paragraphs 72-74. Examiner requests applicant to further clarify “skip shifting” by adding time parameter)
Allowable Subject Matter
Claims 3-4 and 9-10 are 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. Claims 5-8 and 11-14 depend on allowable dependent claims 3-4 and 9-10, therefore, these claims are also allowed.
ENDO KENSHIRO (JP 2017043206 A) recites if the driver request torque is greater than a predetermined value, skip shift control and if the driver request torque is less than a predetermined value, perform skip shift control. The difference between said disclosure and the present claim is that “driver request torque” in Endo is not pertinent to driver selecting a specific gear via shifting device that has particular target torque value in the selected gear. Driver request torque in Endo is simply driver pressing accelerator pedal (See paragraphs 14, 16, 31, step 4, accelerator press amount/degree being equal to driver required torque). Therefore, Endo fails disclose or suggest the subject matter in claims 3-8, when considered as a whole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ENDO KENSHIRO (JP 2017043206 A) recites if the driver request torque is greater than a predetermined value, skip shift control and if the driver request torque is less than a predetermined value, perform skip shift control. The difference between said disclosure and the present claim is that “driver request torque” in Endo is not pertinent to driver selecting a specific gear via shifting device that has particular target torque value in the selected gear. Driver request torque in Endo is simply driver pressing accelerator pedal (See paragraphs 14, 16, 31, step 4, accelerator press amount/degree being equal to driver required torque). Therefore, Endo fails disclose or suggest the subject matter in claims 3-8, when considered as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN S LEE whose telephone number is (571)272-2674. The examiner can normally be reached Monday - Friday 8-5.
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/JUSTIN S LEE/Primary Examiner, Art Unit 3668