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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites, “….the controller sets, when an accelerator is not applied. a first minimum rotational speed of the engine in the sport mode to be higher than a second minimum rotational speed of the engine in the normal mode during the series driving,……,”
Applicant’s specification recites:
“Moreover, in FIG. 2, the values of the driver requesting output set in the sport mode and the normal mode only match when the accelerator opening degree is 0 [%] (accelerator is not applied) or 100 [%] (accelerator is fully depressed). For other values of accelerator opening degree than these points, the driver requesting output in the sport mode is always set higher than that in the normal mode. [0025]
[2. Configuration of Control] The controller 10 performs two types of control on the engine 2 in the sport mode during the series driving to improve the acceleration response of the vehicle 1 for a sudden increase in accelerator opening degree. The first control is a control to set a high engine rotational speed [rpm] (engine revolutions per unit time) for operating engine 2 in preparation for a sudden increase in accelerator opening degree (from when the accelerator is not applied). The second control is to make the maximum value of the increase rate, which is the gradient of the change in engine rotational speed over time, larger in the sport mode than in the normal mode, in the situation where the engine rotational speed increases due to an increase in accelerator opening degree. [0026]”
As such the claim limitations are contrary to at least paragraph 0025 of the specification because the there is a conflict between the claim limitations and the specification paragraph 0025. The specification does not have possession of the limitation, , “….the controller sets, when an accelerator is not applied. a first minimum rotational speed of the engine in the sport mode to be higher than a second minimum rotational speed of the engine in the normal mode during the series driving,……,”
The rest of the claims are rejected for depending on a rejected base claim of for having similar limitations as the rejected base claim.
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive.
Applicant’s amendments have rendered the 112(b) rejection in the office action dated 02/05/2026 vacated.
A new 112(a) has been instituted in view of the amendments for new matter. The specification does not have possession of the limitation, , “….the controller sets, when an accelerator is not applied. a first minimum rotational speed of the engine in the sport mode to be higher than a second minimum rotational speed of the engine in the normal mode during the series driving,……,”
Applicant’s argument regarding the prior art Hashimoto is rendered moot in view the new amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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