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 July 12th, 2024. Claims 1-20 are presently pending and are presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to KR10-2023-0176469 and KR10-2023-0106064 dated December 7th, 2023 and August 14th, 2023 respectively.
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 driving information detector configured to detect information indicating a vehicle driving state” in claim 9. Structure for this limitation can be found at paragraph [0060] of the specification; “the driving information detector 12 may include an accelerator position sensor (APS) that detects a driver's accelerator position sensor value (APS value, %), a sensor that detects a drive system speed, and a sensor that detects a vehicle speed.”.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 9, 10 and 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by US-20210387529 (hereinafter, “Oh”).
Regarding claim 1 Oh discloses a method of controlling virtual gear shift for an electric vehicle (see at least [abstract]; “a method for controlling traveling of an electric vehicle is provided. The method includes generating a motor torque commands using a basic torque command and a virtual gear-shift intervention torque for generating a feeling of real gear shifting, while an electric vehicle travels”), the method comprising:
determining, by a controller, whether a vehicle driving state of the electric vehicle corresponds to a predetermined power-off condition (see at least [0115]; “In addition, in calculating the virtual gear-shift intervention torque command, the virtual gear-shift intervention torque should differ in shape according to a type of transmission and a gear-shift class. Types of transmissions include an automatic transmission (AT), a dual clutch transmission (DCT), an automated manual transmission (AMT), and the like. In addition, gear-shift classes include power-on upshift, power-off up shift (lift-foot-up), power-on downshift (kick-down), power-off downshift, and near-stop downshift”);
determining, by the controller, in response to a determination that the vehicle driving state corresponds to the predetermined power-off condition (see at least [0115]; “In addition, in calculating the virtual gear-shift intervention torque command, the virtual gear-shift intervention torque should differ in shape according to a type of transmission and a gear-shift class. Types of transmissions include an automatic transmission (AT), a dual clutch transmission (DCT), an automated manual transmission (AMT), and the like. In addition, gear-shift classes include power-on upshift, power-off up shift (lift-foot-up), power-on downshift (kick-down), power-off downshift, and near-stop downshift,” and [0117]; “In addition, when the basic torque command is greater than a preset reference torque value, this is the case for power-on. Conversely, when the basic torque command is greater than the preset reference torque value, this is the case for power-off.”), a coasting torque corresponding to a current virtual gear stage, and a current virtual engine speed (see at least [0117]; “when the current gear-shift class is determined based on the virtual current gear-shift step, the virtual target gear-shift step, and the like, a virtual gear-shift intervention torque profile corresponding to the current gear-shift class is selected from among the virtual gear-shift intervention torque profiles for gear-shift classes. The virtual gear-shift intervention torque for generating the feeling of real gear shifting may be determined in real time according to the selected virtual gear-shift intervention torque profile,” the intervention torque when the vehicle is in a state of power-off is the coasting torque, and [0119]; “A magnitude of the virtual gear-shift intervention torque may be set to be adjusted using as torque magnitude setting variables the virtual engine speed (OmegaVir),”);
generating, by the controller, a motor torque command using the determined coasting torque as a command value (see at least [0122]; “The method of controlling traveling of an electric vehicle according to the present disclosure may include: generating a motor torque command using a basic torque command and a virtual gear-shift intervention torque for generating a feeling of real gear shifting, while an electric vehicle is being driven; and operating a motor for driving the electric vehicle, according to the generated motor torque command and thus generating the feeling of real gear shifting,”); and
controlling a regenerative operation of a motor configured to drive the electric vehicle according to the generated motor torque command (see at least [0105]; “When coasting and when regenerating, the torque command is limited to the value of the limit torque (tqLmt) for the regeneration direction,” the regeneration is controlled based in part on the generated motor torque command).
Regarding claim 9 Oh discloses a virtual gear shift control apparatus for an electric vehicle (see at least [0042]; “FIG. 1 is a block diagram illustrating a configuration of a device for control traveling of an electric vehicle according to the present disclosure and illustrates a configuration of a device that performs the control for the feeling of real gear shifting and the boost control.”), the apparatus comprising:
a driving information detector configured to detect information indicating a vehicle driving state (see at least [0047]; “a device for control according to the present disclosure may include a driving information detection unit 12 configured to detect vehicle driving information,” and [0047]; “the vehicle driving information here may include driver’s driving input information and vehicle state information”); and
a controller configured to generate a motor torque command for satisfying a driver’s demand torque based on vehicle driving information including the information detected by the driving information detector (see at least [0047]; “The driving information detection unit 12 may be configured to detect vehicle driving information necessary to generate the motor torque command in the electric vehicle. The vehicle driving information here may include driver's driving input information and vehicle state information.,” the driver’s driving input information corresponds to Applicant’s driver’s demand torque),
determine whether the vehicle driving state of the electric vehicle corresponds to a predetermined power-off condition (see at least [0115]; “In addition, in calculating the virtual gear-shift intervention torque command, the virtual gear-shift intervention torque should differ in shape according to a type of transmission and a gear-shift class. Types of transmissions include an automatic transmission (AT), a dual clutch transmission (DCT), an automated manual transmission (AMT), and the like. In addition, gear-shift classes include power-on upshift, power-off up shift (lift-foot-up), power-on downshift (kick-down), power-off downshift, and near-stop downshift”),
determine, in response to a determination that the vehicle driving state corresponds to the predetermined power-off condition (see at least [0115]; “In addition, in calculating the virtual gear-shift intervention torque command, the virtual gear-shift intervention torque should differ in shape according to a type of transmission and a gear-shift class. Types of transmissions include an automatic transmission (AT), a dual clutch transmission (DCT), an automated manual transmission (AMT), and the like. In addition, gear-shift classes include power-on upshift, power-off up shift (lift-foot-up), power-on downshift (kick-down), power-off downshift, and near-stop downshift,” and [0117]; “In addition, when the basic torque command is greater than a preset reference torque value, this is the case for power-on. Conversely, when the basic torque command is greater than the preset reference torque value, this is the case for power-off.”), a coasting torque corresponding to a current virtual gear stage and a current virtual engine speed (see at least [0117]; “when the current gear-shift class is determined based on the virtual current gear-shift step, the virtual target gear-shift step, and the like, a virtual gear-shift intervention torque profile corresponding to the current gear-shift class is selected from among the virtual gear-shift intervention torque profiles for gear-shift classes. The virtual gear-shift intervention torque for generating the feeling of real gear shifting may be determined in real time according to the selected virtual gear-shift intervention torque profile,” the intervention torque when the vehicle is in a state of power-off downshift is the coasting torque, and [0119]; “A magnitude of the virtual gear-shift intervention torque may be set to be adjusted using as torque magnitude setting variables the virtual engine speed (OmegaVir),”),
generate a motor torque command using the determined coasting torque as a command value (see at least [0122]; “The method of controlling traveling of an electric vehicle according to the present disclosure may include: generating a motor torque command using a basic torque command and a virtual gear-shift intervention torque for generating a feeling of real gear shifting, while an electric vehicle is being driven; and operating a motor for driving the electric vehicle, according to the generated motor torque command and thus generating the feeling of real gear shifting,”), and
control a regenerative operation of a motor that drives the electric vehicle according to the generated motor torque command (see at least [0105]; “When coasting and when regenerating, the torque command is limited to the value of the limit torque (tqLmt) for the regeneration direction,” the regeneration is controlled based in part on the generated torque command).
Regarding claim 10 Oh discloses all of the limitations of claim 9. Additionally, Oh discloses wherein the predetermined power-off condition is a condition that the driver’s demand torque is equal to or less than a preset reference value (see at least [0115]; “In addition, in calculating the virtual gear-shift intervention torque command, the virtual gear-shift intervention torque should differ in shape according to a type of transmission and a gear-shift class. Types of transmissions include an automatic transmission (AT), a dual clutch transmission (DCT), an automated manual transmission (AMT), and the like. In addition, gear-shift classes include power-on upshift, power-off up shift (lift-foot-up), power-on downshift (kick-down), power-off downshift, and near-stop downshift,” and [0117]; “In addition, when the basic torque command is greater than a preset reference torque value, this is the case for power-on. Conversely, when the basic torque command is greater than the preset reference torque value, this is the case for power-off,” the prior art of Oh has a typo in paragraph 117 but in light of the specification, and to a person of ordinary skill in the art, it is clear that when the basic torque command is not greater than the preset reference torque value, this is the case for power-off).
Regarding claim 20 Oh discloses all of the limitations of claim 9. Additionally, Oh discloses wherein the current virtual engine speed is determined as a value proportional to a value obtained by multiplying a current vehicle speed by a virtual gear ratio corresponding to a current virtual gear shift stage, by the controller (see at least [0087]; “the virtual engine speed (OmegaCur) may be obtained from a value that results from multiplying the virtual vehicle speed (SpdVir) and the virtual gear ratio (rGi) for the virtual current gear-shift step together”).
Claim Rejections - 35 USC § 103
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 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 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.
Claim(s) 2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Oh, as applied to claims 1 and 11 above, in view of US-20190168732 (hereinafter, “Tashiro”).
Regarding claim 2 Oh discloses all of the limitations of claim 1. Oh, does not disclose wherein the controller is further configured to:
determine an engine friction torque corresponding to the current virtual engine speed using setting data with a virtual engine speed as an input; and
determine the coasting torque as a negative torque value obtained by multiplying the determined engine friction torque by a gear ratio of the current virtual gear stage and a final reduction gear ratio.
Tashiro, in the same field of endeavor, teaches wherein determining the coasting torque comprises:
determining an engine friction torque corresponding to the current virtual engine speed using setting data with a virtual engine speed as an input (see at least [0057]; “a relationship between engine speed and engine friction upon fuel cut is calculated beforehand, and by inputting the engine speed during engine braking, the engine braking torque calculation unit calculates an engine friction torque”); and
determining the coasting torque as a negative torque value obtained by multiplying the determined engine friction torque by a gear ratio of the current virtual gear stage and a final reduction gear ratio (see at least [0063]; “the load applied to the wheels during engine braking is calculated as the product of the friction torque of the engine, the gear ratio of a CVT, and the gear ratio of the final reduction gear,” the load applied to the wheels corresponds to the coasting torque and is negative because the vehicle is braking).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the torque formulas of Tashiro. One of ordinary skill in the art would have been motivated to make this modification for the benefit of preventing poor driving performance due to variations in engine speed (see at least Tashiro; [0009]).
Regarding claim 11 Oh discloses all of the limitations of claim 9. Oh, does not disclose wherein the controller is further configured to:
determine an engine friction torque corresponding to the current virtual engine speed using setting data with a virtual engine speed as an input; and
determine the coasting torque as a negative torque value obtained by multiplying the determined engine friction torque by a gear ratio of the current virtual gear stage and a final reduction gear ratio.
Tashiro, in the same field of endeavor, teaches wherein the controller is further configured to:
determine an engine friction torque corresponding to the current virtual engine speed using setting data with a virtual engine speed as an input (see at least [0057]; “a relationship between engine speed and engine friction upon fuel cut is calculated beforehand, and by inputting the engine speed during engine braking, the engine braking torque calculation unit calculates an engine friction torque”); and
determine the coasting torque as a negative torque value obtained by multiplying the determined engine friction torque by a gear ratio of the current virtual gear stage and a final reduction gear ratio (see at least [0063]; “the load applied to the wheels during engine braking is calculated as the product of the friction torque of the engine, the gear ratio of a CVT, and the gear ratio of the final reduction gear,” the load applied to the wheels corresponds to the coasting torque and is negative because the vehicle is braking).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the torque formulas of Tashiro. One of ordinary skill in the art would have been motivated to make this modification for the benefit of preventing poor driving performance due to variations in engine speed (see at least Tashiro; [0009]).
Regarding claim 12 Oh in view of Tashiro renders obvious all of the limitations of claim 11. Additionally, Tashiro, in the same field of endeavor, teaches wherein the setting data is a function or a map that defines a relationship between the virtual engine speed and the engine friction torque (see at least [0057]; “a relationship between engine speed and engine friction upon fuel cut is calculated beforehand, and by inputting the engine speed during engine braking, the engine braking torque calculation unit calculates an engine friction torque,” the relationship between friction torque and engine speed is defined by a function).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the torque formulas of Tashiro. One of ordinary skill in the art would have been motivated to make this modification for the benefit of preventing poor driving performance due to variations in engine speed (see at least Tashiro; [0009]).
Claim(s) 3, 4, 6-8, 13, 14, 16-18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Oh as applied to claim 1 above, in view of US-20200318731 (hereinafter, “Lee”).
Regarding claim 3 Oh discloses all of the limitations of claim 1. Additionally, Oh discloses further comprising:
determining, by the controller, whether there is a downshift request according to the vehicle driving state (see at least [0116]; “To calculate the virtual gear-shift intervention torque command, the virtual gear-shift controller 22 may be configured to determine a current gear-shift class. In this determination method, when the virtual target gear-shift step (TarGe) is higher than the virtual current gear-shift step (CurGe) (that is, the virtual target gear-shift step>the virtual current gear-shift step), this is the case for upshift. Conversely, when the virtual target gear-shift step (TarGe) is lower than the virtual current gear-shift step (CurGe) (that is, the virtual target gear-shift step>the virtual current gear-shift step), this is the case for downshift.”); and
performing, by the controller, a power-off downshift control process in response to a determination that there is the downshift request and the vehicle driving state corresponds to the predetermined power-off condition (see at least fig. 7 step S6; “follow torque command by performing virtual gear-shift function”),
Oh, does not teach wherein performing the power-off downshift control process includes, in a process of transitioning from a coasting torque in a virtual gear stage before shifting to a coasting torque in a virtual gear stage after shifting, entering, by the controller, an actual shift section in which the coasting torque increases to a preset neutral torque and then is kept constant.
Lee, in the same field of endeavor, teaches wherein performing the power-off downshift control process includes, in a process of transitioning from a coasting torque in a virtual gear stage before shifting to a coasting torque in a virtual gear stage after shifting , entering, by the controller, an actual shift section in which the coasting torque increases to a preset neutral torque (Examiner’s note: Applicant appears to define a neutral torque as the following; “The neutral torque (TQ2) represents a torque value set to virtually implement, in an electric vehicle (to which the present embodiment is applied), a coasting torque in a neutral gear state in which a transmission clutch is released in an internal combustion engine vehicle equipped with a transmission. The neutral torque (TQ2) may be set to a regenerative torque value (negative (-) torque value) close to zero, as shown in FIG. 7.”) and then is kept constant (see at least [0019]; “when the transmission output torque TO is a negative (-) torque, comparing before shifting and after shifting, the transmission output torque T0 is decreased in the negative torque region in FIG. 2 in the drawing, which means that an absolute value of the transmission output torque TO increases after shifting compared to before shifting. However, further describing the transmission output torque TO denoted by the negative (-) torque in FIG. 2, as denoted by the circle in FIG. 2, the transmission output torque TO has increased to zero in the negative (-) torque region from the time point A to the time point B (e.g., an absolute value of the transmission output torque reduces), and then decreases again from the time point B to the time point C (e.g., an absolute value of the transmission output torque increases).” The transmission output during a power-off downshift corresponds to Applicant’s coasting torque, the output torque is increased to zero at point B which corresponds to the neutral torque and then is kept constant from point c onward, the claims as written do not specify that the neutral torque is kept constant for a time period merely that it is reached and then the torque is kept constant at some point after that).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 4 Oh in view of Lee renders obvious discloses all of the limitations of claim 3. Additionally, Lee, in the same field of endeavor, teaches wherein performing the power-off downshift control process further comprises: entering, by the controller, a shift preparation section in which the coasting torque corresponding to the virtual gear stage before shifting and the current virtual engine speed that is a real-time speed is determined during a first maintenance time after the power-off downshift control process starts (see at least Fig. 2, the torque for the phase before shifting begins is obtained, this occurs during a time after the shift request has been determined but before the shift actually occurs as the initial torque is needed to determine the torque for the target stage, applicant does not provide a definition for a maintenance time or its length, therefore under broadest reasonable interpretation, Examiner is interpreting a maintenance time as any time or length of time that occurs after the control process starts); and
entering, by the controller, the actual shift section after the shift preparation section ends during the first maintenance time (see at least [0072]; “As described above, in response to determining as a situation where the power-off downshift is requested, the shift control for the power-off downshift may be started at a time point A in FIG. 6, and the torque phase control may be started in the shift control procedure. In the present disclosure, a condition in which the downshift operation of the driver is performed during coasting of the vehicle and the shift stage selected by the downshift operation is shiftable shift stage is a shift procedure entry condition of the present disclosure, as described above, and specifically, is also an entry condition of the torque phase control,” once the entry conditions have been met the shift control may begin).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 6 Oh in view of Lee renders obvious all of the limitations of claim 3. Additionally, Lee, in the same field of endeavor, teaches wherein performing the power-off downshift control process further comprises:
entering, by the controller, a shift end-stage engagement control section that increases a virtual engine speed to a synchronous speed in the virtual gear stage after shifting, after the actual shift section ends (see at least [0025]; “adjusting a motor speed so that a transmission input shaft rotary speed reaches a predetermined target stage synchronization speed of a target stage after shifting,”); and
simultaneously decreasing, by the controller, the coasting torque from the preset neutral torque to the coasting torque corresponding to the virtual gear stage after shifting (see at least Fig. 2, the torque is decreased from 0 to a negative torque value for coasting).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 7 Oh in view of Lee renders obvious all of the limitations of claim 6. Additionally, Oh discloses further comprising: during the actual shift section, determining, by the controller, a shift progress from the current virtual engine speed (see at least [0085]; “In other words, when the changed virtual target gear-shift step is determined, the controller may be configured to count the time from a point in time at which the delay time elapsed after the virtual target gear-shift step was determined. Then, the controller may be configured to determine the virtual gear-shift progress ratio”);
terminating, by the controller, in a case where the shift progress becomes a set value, the actual shift section (see at least [0093]; “when the gear-shift completion condition is satisfied after the gear shifting starts, the virtual current gear-shift step (CUrGe) that is at work before the satisfaction is substituted for the virtual target gear-shift step (TarGe)”); and
entering, by the controller, the shift end-stage engagement control section (see at least [0100]; “At this point, regarding the "condition that the value of the virtual gear-shift progress ratio (xProgress) is reset to 0%", in a case where a control logic is configured in such a manner that the virtual gear-shift progress ratio reaches 100% and then is immediately reset to 0%,”).
Regarding claim 8 Oh in view of Lee renders obvious all of the limitations of claim 6. Additionally, Oh discloses further comprising: determining, by the controller, the shift progress using an Equation E1:
Shift progress (%) = {(current virtual engine speed – first speed) / (third speed – first speed)} X 100 (see at least [0086]; “the virtual gearshift progress ratio may be determined as a percentage of a
speed difference between the real-time virtual engine speed (Omega Vir), which occurs during the process of performing gear shifting, and the target input speed (OmegaCur) based on the virtual current gear-shift step with respect to a speed difference between the target input speed (OmegaTar) based
on the virtual target gear-shift step and the target input speed (OmegaCur) based on the virtual current gear-shift step, which occurs during the process of performing gear shifting”)
wherein the first speed is a virtual engine speed at the time of entering the actual shift section (see at least [0086]; “the target input speed (OmegaCur) based on the virtual current gear-shift step, which occurs during the process of performing gear shifting”), the third speed is the synchronous speed of the virtual gear stage after shifting and is a virtual engine speed corresponding to a current vehicle speed and the virtual gear stage after shifting (see at least [0086]; “the target input speed (OmegaTar) based on the virtual target gear-shift step”), and the current virtual engine speed is a real-time speed (see at least [0086]; “the real-time virtual engine speed (Omega Vir), which occurs during the process of performing gear shifting”).
Regarding claim 13 Oh discloses all of the limitations of claim 9. Additionally, Oh discloses wherein the controller is further configured to:
determine whether there is a downshift request according to the vehicle driving state (see at least [0116]; “To calculate the virtual gear-shift intervention torque command, the virtual gear-shift controller 22 may be configured to determine a current gear-shift class. In this determination method, when the virtual target gear-shift step (TarGe) is higher than the virtual current gear-shift step (CurGe) (that is, the virtual target gear-shift step>the virtual current gear-shift step), this is the case for upshift. Conversely, when the virtual target gear-shift step (TarGe) is lower than the virtual current gear-shift step (CurGe) (that is, the virtual target gear-shift step>the virtual current gear-shift step), this is the case for downshift.”);
perform a power-off downshift control process, in response to a determination that there is the downshift request and the vehicle driving state corresponds to the predetermined power-off condition (see at least fig. 7 step S6; “follow torque command by performing virtual gear-shift function”).
Oh, does not teach when performing the power-off downshift control process, entering, in a process of transitioning from a coasting torque in a virtual gear stage before shifting to a coasting torque in a virtual gear stage after shifting, an actual shift section in which the coasting torque increases to a preset neutral torque and then is kept constant.
Lee, in the same field of endeavor, teaches when performing the power-off downshift control process, entering, in a process of transitioning from a coasting torque in a virtual gear stage before shifting to a coasting torque in a virtual gear stage after shifting, an actual shift section in which the coasting torque increases to a preset neutral torque (Examiner’s note: Applicant appears to define a neutral torque as the following; “The neutral torque (TQ2) represents a torque value set to virtually implement, in an electric vehicle (to which the present embodiment is applied), a coasting torque in a neutral gear state in which a transmission clutch is released in an internal combustion engine vehicle equipped with a transmission. The neutral torque (TQ2) may be set to a regenerative torque value (negative (-) torque value) close to zero, as shown in FIG. 7.”) and then is kept constant (see at least [0019]; “when the transmission output torque TO is a negative (-) torque, comparing before shifting and after shifting, the transmission output torque T0 is decreased in the negative torque region in FIG. 2 in the drawing, which means that an absolute value of the transmission output torque TO increases after shifting compared to before shifting. However, further describing the transmission output torque TO denoted by the negative (-) torque in FIG. 2, as denoted by the circle in FIG. 2, the transmission output torque TO has increased to zero in the negative (-) torque region from the time point A to the time point B (e.g., an absolute value of the transmission output torque reduces), and then decreases again from the time point B to the time point C (e.g., an absolute value of the transmission output torque increases).” The transmission output during a power-off downshift corresponds to Applicant’s coasting torque, the output torque is increased to zero at point B which corresponds to the neutral torque and then is kept constant from point c onward, the claims as written do not specify that the neutral torque is kept constant for a time period merely that it is reached and then the torque is kept constant at some point after that).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 14 Oh in view of Lee renders obvious all of the limitations of claim 13. Additionally, Lee, in the same field of endeavor, teaches wherein, when performing the power-off downshift control process, the controller is further configured to: enter a shift preparation section in which the coasting torque corresponding to the virtual gear stage before shifting and the current virtual engine speed that is a real-time speed is determined during a first maintenance time after the power-off downshift control process starts (see at least Fig. 2, the torque for the phase before shifting begins is obtained, this occurs during a time after the shift request has been determined but before the shift actually occurs as the initial torque is needed to determine the torque for the target stage, applicant does not provide a definition for a maintenance time or its length, therefore under broadest reasonable interpretation, Examiner is interpreting a maintenance time as any time or length of time that occurs after the control process starts); and
enter the actual shift section after the shift preparation section ends during the first maintenance time (see at least [0072]; “As described above, in response to determining as a situation where the power-off downshift is requested, the shift control for the power-off downshift may be started at a time point A in FIG. 6, and the torque phase control may be started in the shift control procedure. In the present disclosure, a condition in which the downshift operation of the driver is performed during coasting of the vehicle and the shift stage selected by the downshift operation is shiftable shift stage is a shift procedure entry condition of the present disclosure, as described above, and specifically, is also an entry condition of the torque phase control,” once the entry conditions have been met the shift control may begin).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 16 Oh in view of Lee renders obvious all of the limitations of claim 13. Additionally, Lee, in the same field of endeavor, teaches wherein, when performing the power-off downshift control process, the controller is further configured to:
enter a shift end-stage engagement control section that increases a virtual engine speed to a synchronous speed in the virtual gear stage after shifting, after the actual shift section ends (see at least [0025]; “adjusting a motor speed so that a transmission input shaft rotary speed reaches a predetermined target stage synchronization speed of a target stage after shifting,”); and
simultaneously decrease the coasting torque from the preset neutral torque to the coasting torque corresponding to the virtual gear stage after shifting (see at least Fig. 2, the torque is decreased from 0 to a negative torque value for coasting).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh with the power-off downshifting process of Lee. One of ordinary skill in the art would have been motivated to make this modification for the benefit of making it possible to generate the desired vehicle deceleration without occurring the vehicle acceleration feeling, and to achieve shortening of the shift time and enhancement of the driving performance (see at least Lee; [0026]).
Regarding claim 17 Oh in view of Lee renders obvious all of the limitations of claim 16. Additionally, Oh discloses wherein, during the actual shift section, the controller is further configured to: determine a shift progress from the current virtual engine speed (see at least [0085]; “In other words, when the changed virtual target gear-shift step is determined, the controller may be configured to count the time from a point in time at which the delay time elapsed after the virtual target gear-shift step was determined. Then, the controller may be configured to determine the virtual gear-shift progress ratio”); terminate, in a case where the shift progress becomes a set value (see at least [0093]; “when the gear-shift completion condition is satisfied after the gear shifting starts, the virtual current gear-shift step (CUrGe) that is at work before the satisfaction is substituted for the virtual target gear-shift step (TarGe)”), the actual shift section; and enter the shift end-stage engagement control section (see at least [0100]; “At this point, regarding the "condition that the value of the virtual gear-shift progress ratio (progress) is reset to 0%", in a case where a control logic is configured in such a manner that the virtual gear-shift progress ratio reaches 100% and then is immediately reset to 0%,”).
Regarding claim 18 Oh in view of Lee renders obvious all of the limitations of claim 17. Additionally, Oh discloses wherein the controller is further configured to: determine the shift progress using an Equation E1:
Shift progress (%) = {(current virtual engine speed – first speed) / (third speed – first speed)} X 100 (see at least [0086]; “the virtual gearshift progress ratio may be determined as a percentage of a speed difference between the real-time virtual engine speed (Omega Vir), which occurs during the process of performing gear shifting, and the target input speed (OmegaCur) based on the virtual current gear-shift step with respect to a speed difference between the target input speed (OmegaTar) based on the virtual target gear-shift step and the target input speed (OmegaCur) based on the virtual current gear-shift step, which occurs during the process of performing gear shifting”)
wherein the first speed is a virtual engine speed at the time of entering the actual shift section (see at least [0086]; “the target input speed (OmegaCur) based on the virtual current gear-shift step, which occurs during the process of performing gear shifting”), the third speed is the synchronous speed of the virtual gear stage after shifting and is a virtual engine speed corresponding to a current vehicle speed and the virtual gear stage after shifting (see at least [0086]; “the target input speed (OmegaTar) based on the virtual target gear-shift step”), and the current virtual engine speed is a real-time speed (see at least [0086]; “the real-time virtual engine speed (Omega Vir), which occurs during the process of performing gear shifting”).
Regarding claim 19 Oh in view of Lee renders obvious all of the limitations of claim 16. Additionally, Oh discloses wherein, when performing the power-off downshift control process, the controller is further configured to perform a shift end section in which the coasting torque corresponding to the virtual gear stage after shifting and the current virtual engine speed that is a real-time speed is determined, during a second maintenance time after the shift end-stage engagement control section ends (see at least fig. 2; a torque is determined after the shift ends as shown by fig. 2, examiner is interpreting the second maintenance time as merely being any moment and any length of time occurring after the shift end-stage engagement control section ends.
Claim(s) 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Oh and Lee as applied to claim 3 above, in view of US-20210206254 (hereinafter, “Benedikt”).
Regarding claim 5 Oh in view of Lee renders obvious all of the limitations of claim 3. Oh, does not disclose further comprising: when entering the actual shift section, increasing, by the controller, a virtual engine speed at the time of entering the actual shift section with a slope for engine rev-matching control.
Benedikt, in the same field of endeavor, teaches further comprising: when entering the actual shift section, increasing, by the controller, a virtual engine speed at the time of entering the actual shift section (see at least [0066]; “When the HEY 100 reaches a simulated shift point and the driver applies enough brake pressure to activate an automatic downshift, the engine speed is increased, following the fifth simulated gear 290A5”) with a slope for engine rev-matching control (see at least [0072]; “In such embodiments, for example, a higher target engine speed 206 may be implemented for a lower gear ratio than for a higher gear ratio, i.e., engine speed should increase after a downshift in a conventional, manual transmission car, and it is during this scenario when rev-matching may be performed.”).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh as modified by Lee with the rev-matching control of Benedikt. One of ordinary skill in the art would have been motivated to make this modification for the benefit of avoiding the mechanical shock that would result from mismatch between engine and gear speeds (see at least Benedikt [0026]).
Regarding claim 15 Oh discloses all of the limitations of claim 13. Oh, does not disclose when entering the actual shift section, the controller is further configured to increase a virtual engine speed at the time of entering the actual shift section with a slope for engine rev-matching control.
Benedikt, in the same field of endeavor, teaches when entering the actual shift section, the controller is further configured to increase a virtual engine speed at the time of entering the actual shift section (see at least [0066]; “When the HEY 100 reaches a simulated shift point and the driver applies enough brake pressure to activate an automatic downshift, the engine speed is increased, following the fifth simulated gear 290A5”) with a slope for engine rev-matching control (see at least [0072]; “In such embodiments, for example, a higher target engine speed 206 may be implemented for a lower gear ratio than for a higher gear ratio, i.e., engine speed should increase after a downshift in a conventional, manual transmission car, and it is during this scenario when rev-matching may be performed.”).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the gear shifting system of Oh as modified by Lee with the rev-matching control of Benedikt. One of ordinary skill in the art would have been motivated to make this modification for the benefit of avoiding the mechanical shock that would result from mismatch between engine and gear speeds (see at least Benedikt [0026]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEIGH NICOLE TURNBAUGH whose telephone number is (703)756-1982. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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/ASHLEIGH NICOLE TURNBAUGH/Examiner, Art Unit 3666
/HELAL A ALGAHAIM/SPE , Art Unit 3666