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 .
Response to Arguments
Applicant's arguments with respect to the rejections of claims 1-11 under 35 U.S.C. §103 have been fully considered but they are not persuasive.
Regarding claim 1, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the vehicle maintaining the predetermined reference rotational speed indefinitely without stopping) are not recited in the rejected claim(s). See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant’s claims do not specify how long the vehicle should maintain its electric motor’s rotation speed at the reference speed. Additionally, Applicant’s specification itself discloses that the step of maintaining the reference rotation speed is stopped after a predetermined period of time, and the electric motor is stopped (see at least [0047]-[0050]).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding claim 11, in response to applicant's argument that Shindo’s stop control cannot be performed with Ozawa’s stop control, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Ozawa discloses a vehicle idle control where the vehicle’s motor rotational speed is maintained at a reference rotational speed as the vehicle speed decreases, and the stop control begins once the idle stop permitting condition is established. One of ordinary skill in the art would recognize that the stop control condition of Shindo could be combined with Ozawa’s creep control to result in the claimed limitations.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-6, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180118035 A1, filed June 15th, 2015, hereinafter “Ozawa”, in view of US 20190381895 A1, with an earliest priority date of January 24th, 2017, hereinafter “Shindo”.
Regarding claim 1, Ozawa teaches An electric vehicle, comprising: an electric motor; a travel device driven by power transmitted from the electric motor; a vehicle speed sensor configured to detect a vehicle speed; a motor controller configured to control the electric motor. See at least [0021] and figure 1, wherein the vehicle comprises a motor controller 22, a wheel speed sensor 41 configured to detect a vehicle speed. Additionally, see at least [0015], wherein the motor is an electric motor which drives the drive wheels 10 of the vehicle. See at least [0064], wherein the vehicle can be an electrically driven vehicle with only the motor as the drive source.
and a rotation speed sensor configured to detect the rotation speed of the electric motor. See at least [0021] and figure 1, motor rotational speed sensor 32.
and wherein the motor controller is configured to perform a stop control in such a manner as to maintain a rotation speed of the electric motor at a predetermined reference rotation speed larger than zero, See at least [0036]-[0037], [0042], and figure 2, step S6, wherein a rotational speed of the motor is maintained at a predetermined rotational speed (300 RPM) for a predetermined period of time when idle stop control is initiated.
when the motor rotational speed detected by a rotational speed sensor reaches a predetermined reference motor rotational speed or less. See at least [0040]-[0041], wherein the motor rotational speed is only maintained at the predetermined rotational speed when the motor rotational speed reaches the predetermined rotational speed or less. See at least [0021], motor rotational speed sensor 32.
and wherein when the motor rotational speed is higher than the reference speed, the motor controller controls the electric motor based on the output torque, See at least [0040]-[0041] and figure 2, step S5, wherein, when the detected motor rotational speed is higher than the predetermined reference speed, the motor controller performs the rotational speed control described in step S4. The rotational speed control is performed by calculating torque command values to output to the motor.
and wherein when the motor rotational speed is equal to or less than the reference vehicle speed, the motor controller controls the electric motor based on the rotation speed. See at least [0041]-[0042] and figure 2, steps S5-S6, wherein, when the detected motor rotational speed is equal to or less than the predetermined reference speed, the motor rotational speed is maintained at the predetermined rotational speed.
Ozawa remains silent on a torque acquisition section configured to acquire an output torque from the electric motor. Additionally, as discussed above, Ozawa’s disclosed steps are performed based on a comparison of the motor rotational speed with a predetermined reference speed, rather than a comparison of the vehicle speed with a predetermined reference speed. Ozawa additionally teaches initiating stop control only when the vehicle speed detected by the vehicle speed sensor is zero for a set period of time (see at least [0024]-[0028]). But Ozawa does not disclose the entire limitations of performing stop control when the vehicle speed detected by the vehicle speed sensor reaches a predetermined reference vehicle speed or less.
Shindo teaches a torque acquisition section configured to acquire an output torque from the electric motor. See at least [0222] and figure 12, step S930, wherein a motor torque Tm, indicating the torque generated by the motor, is calculated based on currents iu, iv, and iw. See at least [0051], wherein the currents iw, iv, and iw are acquired from current sensor 11.
when the vehicle speed detected by the vehicle speed sensor reaches a predetermined reference vehicle speed or less. See at least [0059]-[0060], [0203]-[0204], [0223] and figure 12, step S940, wherein the electric vehicle only performs stop control when the vehicle speed, detected by a vehicle speed sensor, reaches a predetermined reference vehicle speed Th_s or less.
when the vehicle speed is higher than the reference vehicle speed. See at least [0223] and figure 12, step S940, wherein the electric vehicle only performs stop control when the vehicle speed, detected by a vehicle speed sensor, reaches a predetermined reference vehicle speed Th_s or less. If the detected vehicle speed is higher, the stop control process is ended and the vehicle returns to the control method shown in figure 2. See at least [0074]-[0078] and figure 2, step S204, wherein the vehicle is controlled based on the output motor torque Tm.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of performing stop control when the vehicle speed detected by the vehicle speed sensor reaches a predetermined reference vehicle speed or less. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Regarding claim 2, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches further comprising: and a rotation speed sensor configured to detect the rotation speed of the electric motor. See at least [0021], motor rotational speed sensor 32 which detects the rotational speed of the motor.
and wherein when the motor rotational speed is higher than the reference speed, the motor controller controls the electric motor based on the output torque, See at least [0040]-[0041] and figure 2, step S5, wherein, when the detected motor rotational speed is higher than the predetermined reference speed, the motor controller performs the rotational speed control described in step S4. The rotational speed control is performed by calculating torque command values to output to the motor.
and wherein when the vehicle speed is equal to or less than the reference vehicle speed, the motor controller controls the electric motor based on the rotation speed. See at least [0041]-[0042] and figure 2, steps S5-S6, wherein, when the detected motor rotational speed is equal to or less than the predetermined reference speed, the motor rotational speed is maintained at the predetermined rotational speed.
Ozawa remains silent on a torque acquisition section configured to acquire an output torque from the electric motor. Ozawa additionally remains silent on controlling the motor based on when the vehicle speed is higher than the reference vehicle speed. As discussed above and in the rejection of claim 1, Ozawa is directed towards performing stop control for the motor based on the motor rotational speed, rather than the vehicle speed, being higher or lower than the predetermined reference speed.
Shindo teaches a torque acquisition section configured to acquire an output torque from the electric motor. See at least [0222] and figure 12, step S930, wherein a motor torque Tm, indicating the torque generated by the motor, is calculated based on currents iu, iv, and iw. See at least [0051], wherein the currents iw, iv, and iw are acquired from current sensor 11.
when the vehicle speed is higher than the reference vehicle speed. See at least [0223] and figure 12, step S940, wherein the electric vehicle only performs stop control when the vehicle speed, detected by a vehicle speed sensor, reaches a predetermined reference vehicle speed Th_s or less. If the detected vehicle speed is higher, the stop control process is ended and the vehicle returns to the control method shown in figure 2. See at least [0074]-[0078] and figure 2, step S204, wherein the vehicle is controlled based on the output motor torque Tm.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of a torque acquisition section configured to acquire an output torque from the electric motor, and performing stop control when the vehicle speed detected by the vehicle speed sensor reaches a predetermined reference vehicle speed or less. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Regarding claim 3, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches wherein: the motor controller performs the stop control for a predetermined retention period after the motor rotational speed reaches the reference speed or less. See at least [0036]-[0037], [0042], and figure 2, step S6, wherein a rotational speed of the motor is maintained at a predetermined rotational speed (300 RPM) for a predetermined period of time when idle stop control is initiated.
Ozawa remains silent on performing the stop control after the vehicle speed reaches the reference vehicle speed or less. As discussed above and in the rejection of claim 1, Ozawa is directed towards performing stop control for the motor based on the motor rotational speed, rather than the vehicle speed, being higher or lower than the predetermined reference speed.
Shindo teaches performing the stop control after the vehicle speed reaches the reference vehicle speed or less. See at least [0223] and figure 12, step S940, wherein the electric vehicle only performs stop control when the vehicle speed, detected by a vehicle speed sensor, reaches a predetermined reference vehicle speed Th_s or less.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of performing stop control when the vehicle speed detected by the vehicle speed sensor reaches a predetermined reference vehicle speed or less. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Regarding claim 5, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches further comprising: a brake configured to brake the travel device. See at least [0021], wherein the vehicle includes a brake control unit, a brake pedal, and a brake pedal stroke sensor.
Ozawa remains silent on wherein the motor controller performs the stop control regardless of whether the brake is operated or not.
Shindo teaches wherein the motor controller performs the stop control regardless of whether the brake is operated or not. See at least [0223] and figure 12, step S940, wherein the electric vehicle only performs stop control when the vehicle speed, detected by a vehicle speed sensor, reaches a predetermined reference vehicle speed Th_s or less. This determination does not factor brake pedal operation at all.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of performing stop control regardless of whether the brake is operated or not. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Regarding claim 6, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches a stop operation tool configured to receive an operation to stop the stop control, and wherein the motor controller stops the stop control in response to the operation on the stop operation tool. See at least [0024]-[0034], wherein the stop control is cancelled in response to operation on an accelerator pedal.
Regarding claim 8, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches further comprising: a battery configured to supply electric power to the electric motor. See at least [0015], wherein the motor is supplied power from a battery.
a regeneration controller configured to perform a regenerative control allowing electric power generated by braking the electric motor to be regenerated to the battery. See at least [0015], wherein the motor additionally comprises an inverter 7, which converts power generated by the motor during regeneration to charge the battery. Additionally, see at least [0021]-[0022], wherein the inverter 7 is controlled by motor controller 22.
an accelerator operation tool configured to receive an operation to adjust an output from the electric motor. See at least [0021], wherein the vehicle includes an accelerator position opening amount sensor 38, which receives an accelerator position opening amount. See at least [0019], wherein the motor output is set based on the accelerator position opening amount.
and a rotation speed sensor configured to detect the rotation speed of the electric motor. See at least [0021], motor rotational speed sensor 32 which detects the rotational speed of the motor.
Ozawa remains silent on wherein the regeneration controller controls a regeneration output in the regenerative control in response to at least either of an operation position of the accelerator operation tool and the rotation speed detected by the rotation speed sensor.
Shindo teaches wherein the regeneration controller controls a regeneration output in the regenerative control in response to at least either of an operation position of the accelerator operation tool and the rotation speed detected by the rotation speed sensor. See at least [0056], wherein the amount of output braking force provided by regenerative braking is assigned based on a displacement of the accelerator pedal.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of controlling regeneration output based on an operation position of the accelerator operation tool. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Regarding claim 11, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa remains silent on wherein: the motor controller is configured to perform the stop control when the vehicle speed nears zero and the vehicle speed reaches the predetermined reference vehicle speed or less.
Shindo teaches wherein: the motor controller is configured to perform the stop control when the vehicle speed nears zero and the vehicle speed reaches the predetermined reference vehicle speed or less. See at least [0223] and figure 12, step S940, wherein the stop control is performed when the vehicle speed reaches the predetermined reference vehicle speed Th_s or less. Additionally, see at least [0203]-[0204] and figure 10(a), wherein the stop control is performed at time t1, wherein the vehicle speed is nearing 0 and below the predetermined reference vehicle speed Th_s.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of performing stop control when the vehicle speed is less than the predetermined reference vehicle speed and nearing zero. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Claims 4 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ozawa and Ishii in combination as applied to claims above, and further in view of US 20120159916 A1, with an earliest priority date of January 15th, 2007, hereinafter “Ishii”.
Regarding claim 4, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa remains silent on further comprising: an electric device driven by the electric motor; and a temperature sensor configured to detect a temperature of the electric device, and wherein when the temperature detected by the temperature sensor reaches a predetermined temperature or more, the motor controller decreases the rotation speed of the electric motor in response to the temperature.
Ishii teaches further comprising: an electric device driven by the electric motor; and a temperature sensor configured to detect a temperature of the electric device, and wherein when the temperature detected by the temperature sensor reaches a predetermined temperature or more, the motor controller decreases the rotation speed of the electric motor in response to the temperature. See at least [0365]-[0368] and figures 61-62, wherein the vehicle includes electric devices (deck motors) installed on the vehicle driven by the vehicle’s drive motors. The deck motors have temperature sensors 498 for detecting temperatures of the deck motors. When the detected temperature is higher than a predetermined temperature TC, the rotational speed of the drive motors is reduced.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Ozawa with Ishii’s technique of using a temperature sensor to detect a temperature of an electric device driven by the electric motor, and reducing the rotation speed of the electric motor in response to the temperature. It would have been obvious to modify because doing so enables working vehicles (lawnmowers) to operate their tools while preventing overload conditions, as recognized by Ishii (see at least [0365]-[0368]).
Regarding claim 9, Ozawa and Shindo in combination teach all of the limitations of claim 9 as discussed above, and Ozawa remains silent on further comprising: an electric device driven by the electric motor; and a temperature sensor configured to detect a temperature of the electric device, and wherein the regeneration controller controls the regeneration output further in consideration of the temperature detected by the temperature sensor.
Shindo teaches wherein the regeneration controller controls the regeneration output further in consideration of the temperature detected by the temperature sensor. See at least [0085]-[0086], wherein a friction brake force is calculated based on a temperature detected by a temperature sensor. See at least [0056], wherein the output required brake force is assigned to the regenerative brake force and the friction brake force.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ozawa to incorporate Shindo’s technique of controlling regeneration output based on a detected temperature from a temperature sensor. It would have been obvious to modify because doing so enables drivers to comfortably, smoothly, and reliably stop their vehicles while on an incline, as recognized by Shindo (see at least [0002]-[0007] and [0245]-[0247]).
Ishii teaches further comprising: an electric device driven by the electric motor; and a temperature sensor configured to detect a temperature of the electric device. See at least [0365]-[0368] and figures 61-62, wherein the vehicle includes electric devices (deck motors) installed on the vehicle driven by the vehicle’s drive motors. The deck motors have temperature sensors 498 for detecting temperatures of the deck motors. When the detected temperature is higher than a predetermined temperature TC, the rotational speed of the drive motors is reduced.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Ozawa with Ishii’s technique of using a temperature sensor to detect a temperature of an electric device driven by the electric motor, and reducing the rotation speed of the electric motor in response to the temperature. It would have been obvious to modify because doing so enables working vehicles (lawnmowers) to operate their tools while preventing overload conditions, as recognized by Ishii (see at least [0365]-[0368]).
Regarding claim 10, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa remains silent on further comprising: a predetermined work device, and wherein the work device performs an operation while the electric vehicle is traveling.
Ishii teaches further comprising: a predetermined work device, and wherein the work device performs an operation while the electric vehicle is traveling. See at least [0117], [0365]-[0368], and figures 1-2, wherein the vehicle includes a work device comprising a mower deck, wherein the deck performs a lawn mowing operation while the vehicle is traveling.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Ozawa with Ishii’s predetermined work device which performs operations while the vehicle is traveling. It would have been obvious to modify because doing so enables working vehicles (lawnmowers) to operate their tools while preventing overload conditions, as recognized by Ishii (see at least [0365]-[0368]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ozawa and Shindo as applied to claim 1 above, and further in view of US 20130030666 A1, with an earliest priority date of June 15th, 2010, hereinafter “Kato”.
Regarding claim 7, Ozawa and Shindo in combination teach all of the limitations of claim 1 as discussed above, and Ozawa additionally teaches further comprising: a brake configured to brake the travel device; and a braking operation tool configured to receive an operation on the brake. See at least [0021], wherein the vehicle includes a brake control unit, a brake pedal, and a brake pedal stroke sensor.
Ozawa remains silent on wherein the motor controller stops the stop control in response to the operation on the braking operation tool during the stop control.
Kato teaches wherein the motor controller stops the stop control in response to the operation on the braking operation tool during the stop control. See at least [0036], [0042], and figure 2, wherein the stop control of the vehicle is cancelled when the driver of the vehicle operates the brake pedal.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Ozawa with Kato’s technique of cancelling stop control when the driver of the vehicle operates the brake pedal during stop control. It would have been obvious to modify because doing so enables drivers to cancel a vehicle’s stop control without needing to operate the accelerator pedal. This enables drivers in low-speed, stop-and-go traffic situations to travel with only the brake pedal, eliminating the need to constantly switch between the accelerator and brake pedals, as recognized by Kato (see at least [0007]-[0019] and figure 3).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Selena M. Jin whose telephone number is (408)918-7588. The examiner can normally be reached Monday - Thursday and alternate Fridays, 7:30-4:30 PT.
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/S.M.J./ Examiner, Art Unit 3667
/FARIS S ALMATRAHI/ Supervisory Patent Examiner, Art Unit 3667
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