Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In response to amendment filed 07/24/2026, claim 19 has been amended. Claims 28-33 are new. Claims 24-27 have been canceled. Claims 14-23 and 28-33 are pending.
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)(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 14-17, 20-23, 28, 30-31, and 33 are rejected under 35 U.S.C. 102[a][1] as being anticipated by NPL: Genesis, “Genesis premieres the GV60, a luxury EV that connects a vehicle to a driver”, published 09/30/2021, hereinafter “Genesis”
In regards to claim 14, Genesis teaches, A longitudinal guidance device for a motor vehicle with an electric drive machine, comprising: (See page 1, electric vehicle model…page 8, two 160kW motors for the front and rear wheels)
a control unit which can be coupled to the drive machine to control a drive torque; and (See page 7, electric vehicle integrated control device…page 9, The system provide various virtual driving sounds through the speakers based on the driving mode, the vehicle’s speed, and accelerator pedal data…page 8, The performance model features two 160kW motors for the front and rear wheels, delivering a total output of 320kW, maximum torque of 605Nm. The control unit inherently exists in this type of vehicle to control a drive torque)
a boost switch which can be coupled to the control unit to request an additional drive torque; (See page 8, The Boost Mode button on the steering wheel activates additional performance for 10 seconds. Also see page 15, from 605 Nm up to 700 Nm when boost mode is on)
wherein the control unit is configured to actuate an ever-increasing drive torque during an actuation of the boost switch until at least one of a maximum boost torque is reached or until an end of actuation of the boost switch occurs. (See page 8, The GV60 comes with a Boost Mode to give it a more dynamic and luxurious element. The mode immediately increases the performance of the vehicle’s maximum output, making the driving experience more dynamic. This “immediate increase” encompasses torque increase that progresses from the pre boost level (605 Nm) toward the boosted level (700 Nm) over the brief period (e.g. 10 seconds) following button actuation. Examiner requests for clarification on what it means by “ever-increasing drive torque”)
In regards to claim 15, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein: the control unit is configured to control a drive torque jump at a beginning of the actuation of the boost switch. (See page 8, The mode immediately increases the performance of the vehicle’s maximum output. The word “immediately” describes an instantaneous or near-instantaneous onset of increased torque upon button press (torque transition from 605 Nm to 700 Nm at the moment of button actuation))
In regards to claim 16, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein: the control unit is configured to control a continuous drive torque gradient of the drive torque at a beginning of the actuation of the boost switch or subsequently to a drive torque step. (See page 8, The mode immediately increases the performance of the vehicle’s maximum output. The continuous torque gradient subsequently to a drive torque step is inherent in any inverter-driven electric motor transient)
In regards to claim 17, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein:a maximum boost torque is greater than a maximum drive torque in normal operation. (See page 15, 605 Nm vs 700 Nm during boost mode)
In regards to claim 20, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein:the control unit is configured to control the boost operation at a constant accelerator pedal position. (See page 13, accelerator pedal, page 8, boost mode. Pressing the boost button, and then depressing the accelerator as the driver chooses, establishes that the boost is active and operable across a range of pedal positions, including a position that the driver holds constant. The boost switch and the accelerator pedal are entirely independent actuators in the GV60 system. The boost mode does not require the driver to change pedal position once engaged. A driver holding the accelerator at any constant position while pressing the boost mode button is operating the boost at a constant accelerator pedal position.)
In regards to claim 21, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein:the control unit is configured to control the boost mode in a partial load mode where a small deflection of the accelerator pedal occurs. (Similar to rejection of claim 20, the GV60’s boost mode button is a driver-operable switch on the steering wheel that is independent of pedal position. The Genesis reference nowhere limits boost mode to full throttle operation. Boost mode is an overtaking aid intended for use during normal driving, including highway passing maneuvers, which inherently involves partial throttle at engagement. The separation of the boost switch from the accelerator pedal is the key structural feature enabling partial-load boost operation. See pages 8, 13)
In regards to claim 22, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein: the control unit is configured to provide the vehicle occupants with a boost sound staging during boost operation.(See page 9, The GV60 is the first model to feature electric Active Sound Design (e-ASD). The system provide various virtual driving sounds through the speakers based on the driving mode, the vehicle’s speed, and accelerator pedal data. Boost mode is a distinct driving mode of the GV60, the e-ASD system generates a distinct sound output during boost mode operation)
In regards to claim 23, Genesis teaches the longitudinal guidance device as claimed in claim 22, wherein the boost sound comprises at least one of a drive sound at full load, a sound of an aircraft take-off, or a sound of a ticking clock. (See page 9, The GV60 is the first model to feature electric Active Sound Design (e-ASD). The system provide various virtual driving sounds through the speakers based on the driving mode, the vehicle’s speed, and accelerator pedal data. Customers can choose from three sounds: a ‘Futuristic’ sound that symbolizes the direction of future mobility; a soft and sporty ‘G-Engine’ sound that’s based on engine noises; and an ‘E-Motor’ sound, which reimagines the vehicle’s motor sounds. Drivers can explore detailed volume controls and pedal responses in the settings to customize their driving experience to suit their preferences. It also features Road Active Noise Control (ANC-R) technology to minimize noise and uses various sound-absorbing materials to achieve silence while driving. Sporty ‘G-Engine’ sound encompasses drive sound at full load)
In regards to claim 28, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein:the control unit is configured to return to normal operation at an actuation end of the boost switch. (See page 8, The Boost Mode button on the steering wheel activates additional performance for 10 seconds. After 10 seconds, the system returns to the pre-boost operating state.)
In regards to claim 30, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein: an end of actuation of the boost switch takes place independently of its actuation by the expiry of a maximum boost time period. (See page 8, The Boost Mode button on the steering wheel activates additional performance for 10 seconds. The 10 second duration is a fixed, predetermined maximum boost time period. The auto-termination at the 10 second mark occurs independently of the driver’s switch actuation state)
In regards to claim 31, Genesis teaches the longitudinal guidance device as claimed in claim 14, wherein:the control unit is configured to provide the vehicle occupants with an end-of-boost sound staging. (See page 9, The GV60 is the first model to feature electric Active Sound Design (e-ASD). The system provide various virtual driving sounds through the speakers based on the driving mode, the vehicle’s speed, and accelerator pedal data. See page 8, The Boost Mode button on the steering wheel activates additional performance for 10 seconds. The transition from boost mode back to normal operation, which occurs automatically at 10 seconds or upon switch release, is a driving mode change that necessarily causes the e-ASD system to alter its sound output)
In regards to claim 33, Genesis teaches, A method for longitudinal guidance of a motor vehicle with an electric drive machine, in particular by means of a longitudinal guidance device as claimed in claim 14, the method comprising: (See rejection of claim 14 above)
detecting a continuous boost switch actuation; and actuating an ever-increasing drive torque during the detected boost switch actuation until at least one of a maximum boost drive torque is reached or an end of actuation of the boost switch occurs. (See page 8, The GV60 comes with a Boost Mode to give it a more dynamic and luxurious element. The mode immediately increases the performance of the vehicle’s maximum output, making the driving experience more dynamic…The Boost Mode button on the steering wheel activates additional performance for 10 seconds. This “immediate increase” encompasses torque increase that progresses from the pre boost level (605 Nm) toward the boosted level (700 Nm) over the brief period (e.g. 10 seconds) following button actuation. There is no limitation that “Boost mode” can only be used once, therefore, boost button can be continuously activated.)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 18 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over NPL: Genesis, “Genesis premieres the GV60, a luxury EV that connects a vehicle to a driver”, published 09/30/2021, hereinafter “Genesis” in view of Bergweiler et al. (US 9758175 B2)
In regards to claim 18, Genesis teaches the longitudinal guidance device as claimed in claim 14.
Genesis teaches a control unit that governs drive torque as a function of accelerator pedal position and driving mode (e-ASD system responsive to “accelerator pedal”). Genesis further discloses drive modes (eco, comfort, sport, boost), however, does not specifically teach, wherein:the control unit is configured to predetermine the boost torque according to a boost accelerator pedal characteristic curve which is distorted starting from a normal operation accelerator pedal characteristic curve.
Bergweiler further teaches, wherein:the control unit is configured to predetermine the boost torque according to a boost accelerator pedal characteristic curve which is distorted starting from a normal operation accelerator pedal characteristic curve. (See abstract, predefining a torque output of a motor vehicle drive engine when switching over accelerator pedal characteristic curves. The method and the device determine a setpoint change in the acceleration that is intended to sense occur as a result of the switching over…col. 1, lines 35-37, As soon as a new accelerator pedal characteristic curve is selected, a different drive torque is assigned to the current accelerator pedal angle. Also see figs. 1-3, three distinct driving modes having different accelerator pedal characteristic curves. Also see fig. 5, S1-S9, switching accelerator pedal characteristic via accelerator pedal characteristic curve switch 18. Switching causes distortion and outputs different accelerator pedal characteristic curve)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the device of Genesis to further comprise device taught by Bergweiler because combination provides the advantage of precisely defined, software-configurable torque response profile for the boost mode, one that can be independently calibrated, tested, and adjusted without modifying the underlying normal-operation curve. Such can yield a more controllable and repeatable boost torque behavior than an unstructured torque.
In regards to claim 29, Genesis teaches the longitudinal guidance device as claimed in claim 28.
Genesis teaches actuation end of the boost switch (page 8, ceasing boost mode in 10 seconds) however, does not specifically teach, wherein the actuation end of the […driving mode] comprises an equalization of the accelerator pedal characteristic.
Bergweiler further teaches, wherein the actuation end of the […driving mode] comprises an equalization of the accelerator pedal characteristic. (See figs. 1-3, associated paragraphs, different accelerator pedal characteristic curve for each driving modes. Driver is allowed switch between driving modes, which would provide equalization or normalization of the accelerator pedal characteristic (since switching between driving modes necessarily involves remapping the accelerator pedal characteristic))
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the device of Genesis to further comprise device taught by Bergweiler because combination provides the advantage of precisely defined, software-configurable torque response profile for the boost mode, one that can be independently calibrated, tested, and adjusted without modifying the underlying normal-operation curve. Such can yield a more controllable and repeatable boost torque behavior than an unstructured torque.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over NPL: Genesis, “Genesis premieres the GV60, a luxury EV that connects a vehicle to a driver”, published 09/30/2021, hereinafter “Genesis” in view of Bergweiler et al. (US 9758175 B2), and further in view of Kuang et al (US 20190112439 A1)
In regards to claim 19, Genesis-Bergweiler teaches the longitudinal guidance device as claimed in claim 18.
Genesis-Bergweiler does not specifically teach, wherein:the boost accelerator pedal characteristic curve is distorted on the basis of the normal operating accelerator pedal characteristic curve in that, when the boost switch is at least one of:the normal operation accelerator pedal characteristic is abruptly compressed along the pedal position axis without a time delay; the normal operation accelerator pedal characteristic is stretched along the drive torque axis (M) without a perceptible time delay; or after the initial jump (delta M) with further actuation of the boost switch, the normal operation accelerator pedal characteristic is continuously further compressed along the pedal position axis.
Kuang further teaches, wherein: the boost accelerator pedal characteristic curve is distorted on the basis of the normal operating accelerator pedal characteristic curve in that, when the boost switch is at least one of: the normal operation accelerator pedal characteristic is abruptly compressed along the pedal position axis without a perceptible time delay; (See paragraph 6, An embodiment of the invention makes it possible to change a functional relationship between a driver-controlled pedal position value and a vehicle wheel torque request so that the response of an electronic controller for a power plant (engine, electric motor, fuel cell) to a given pedal position change can be varied as desired by the driver. The driver thus can be provided with a selected haptic pedal feel. For example, if the driver desires a so-called "sport car feel", the disclosed embodiment of the invention will make provision for adjusting the response of the power plant controller to a given pedal position change…paragraph 7, One embodiment of the invention comprises a system and method wherein a driver-operated switch will interpret a driver's desire for a selected pedal feel. The switch output will shape a transfer function for a pedal position and pedal position signal relationship…fig. 1-2, paragraph 20, For a given displacement of the accelerator pedal, the driver selection is interpreted at 38, and a parameter is selected to obtain an appropriate transfer function at 40, which is modified compared to the function 18' corresponding to function 18 in FIG. 1…claim 4, wherein the first control module is characterized by a transfer function that is changed by selecting a shaping parameter whereby an increased wheel torque is effected in response to a given change in accelerator pedal position.)
the normal operation accelerator pedal characteristic is stretched along the drive torque axis (M) without a time delay; or after the initial jump (delta M) with further actuation of the boost switch, the normal operation accelerator pedal characteristic is continuously further compressed along the pedal position axis.
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the device of Genesis-Bergweiler to further comprise a device taught by Kuang because implementing Kuang’s axis-compression shaping technique as the method for constructing the boost curve from the normal operation curve would have produced the precise torque behavior Genesis’s boost mode requires: higher torque at the same pedal position, activated by a driver switch, with a definable and adjustable compression factor (Kuang claim 4).
Allowable Subject Matter
Claim 32 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior art Genesis discloses e-ASD systems in electric vehicles capable of outputting pre-generated synthetic sounds to vehicle occupants, however, no reference, alone or in combination discloses or renders obvious providing sound staging comprising air ejection or aircraft landing gear extension sounds specifically as an end-of-boost notification to vehicle occupants in an electric vehicle context. The specific selection and application of these aircraft-derived sounds as a boost-end event notification represents a non-obvious design choice that goes beyond what a skilled designer in the ASD space would have been motivated to implement prior to the effective filing date.
Response to Arguments
Applicant's arguments with respect to claim 14 have been fully considered but they are not persuasive.
Applicant contends that paragraph 12 of the original specification defines an “ever-increasing drive torque” as “a temporal drive torque development in which a greater drive torque is actuated at each later point in time than at each earlier point in time”, and that the cited Genesis fails to teach such an ever-increasing drive torque. Examiner respectfully disagrees.
The definition relies upon by applicant is expressly framed as a non-limiting example rather than a restrictive definition. Paragraph 12 states that an ever-increasing drive torque “is to be understood in particular as” the said temporal development (emphasis added). The introductory phrase “in particular” indicates an exemplary characterization and does not act as a limiting definition that would narrow the claim term beyond its plain meaning. Under the BRI consistent with the specification, the term “ever-increasing drive torque” therefore encompasses any drive torque development in which the torque actuated at a later point in time is greater than the torque actuated at an earlier point in time, continuing until either a maximum boost torque is reached or actuation ends. Paragraph 12 places no specific limitation on the rate, time, or magnitude of the increase.
Contrary to applicant’s characterization, the phrase “immediately increases” in Genesis does not disclose, and cannot be equated with, an instantaneous or discontinuous change in the physically delivered drive torque. Drive torque is a physical quantity and necessarily transitions through intermediate values as it rises from the pre-boost level to the boosted maximum level. During that transition, the drive torque actuated at each later point in time is greater than the drive torque actuated at each earlier point in time, which is precisely the condition recited in claim 14 and in paragraph 12. This increase continues until the maximum boost torque (700 Nm) is reached, satisfying the recited claim limitation, “until at least one of a maximum boost torque is reached”. The term “immediately” speaks only to the promptness with which the increase begins upon actuation and does not negate the intervening rise in torque, because drive torque is a physical quantity that transitions through intermediate values as it rises to the boosted maximum rather than changing discontinuously. Also, claim 14 does not recite any particular rate or specific duration of increase that would functionally distinguish over increase disclosed in Genesis.
Therefore, the rejection of the independent claims as well its dependent claims is maintained.
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 JUSTIN S LEE whose telephone number is (571)272-2674. The examiner can normally be reached Monday - Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMES J LEE can be reached at (571)270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN S LEE/Primary Examiner, Art Unit 3668
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