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 the Claims
This Office Action is in response to the amendments and/or arguments filed on October 3, 2025. Claims 1-30 are presently pending and are presented for examination and claims 21-30 are withdrawn.
Response to Arguments
Applicant’s arguments, see Pages 24-25, filed October 3, 2025, with respect to drawing objections and double patenting rejections have been fully considered and are persuasive. The drawing objections and double patenting rejections have been withdrawn.
Applicant’s arguments, see Pages 25-26, filed October 3, 2025, with respect to the rejection(s) of claim(s) 1 and 11 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Payne et al. (US 20210094405; hereinafter Payne; already of record from IDS).
Claim Objections
Claims 1-20 are objected to because of the following informalities:
In regards to claims 1 and 11, it is noted that the last limitation of the claim refers to “automatically adjust a torque level applied by each hub motor”, however the torque level was already introduced within the claim, therefore it appears that this limitation should read -- automatically adjust the torque level applied by each hub motor--.
In regards to claims 2-10 and 12-20, the claims are dependent upon an objected claim and are therefore objected to.
Appropriate correction is required.
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) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 116572756; hereinafter Wang; already of record from IDS; See annotated English translation of April 3, 2025 for page and line numbers) in view of Payne et al. (US 20210094405; hereinafter Payne; already of record from IDS).
In regards to claim 1, Wang discloses of an electric delivery truck control system to automatically manage a plurality of hub motor parameters associated with a plurality of hub motors of an electric delivery truck as the electric delivery truck operates (“The invention claims a method for calculating automobile torque of hub motor, which limits the torque output by the hub motor by considering the change of the power output capacity of the power battery caused by the high voltage accessory according to the charging and discharging capacity of the power battery, and solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Abstract)), comprising:
a plurality of sensors associated with the hub motors of the electric delivery truck that is configured to detect the hub motor parameters associated with the hub motors, wherein the hub motor parameters are indicative to an operation of the hub motors of the electric delivery truck as the electric delivery truck maneuvers on a roadway (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), See also Page 8 lines 1-8, Page 3 lines 17-27);
an electric delivery truck control unit (EV-ECU) associated with the electric delivery truck and comprising a first processor and a first memory having a first plurality of instructions stored therein, that in response to execution by the first processor (“A reasonable control algorithm must be designed to avoid the fault of over-charging or over-discharging of the ground power battery caused by over-large output driving or braking torque of the hub motor of the whole vehicle.” (Page 2 lines 17-19), See also Abstract, claims 1 and 10), causes the EV-ECU to:
detect a plurality of electric delivery truck control inputs generated from the operation of the electric delivery truck as the electric delivery truck maneuvers along the roadway (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), see also Page 8 lines 1-8); and
an operation parameter controller associated with the electric delivery truck and comprising a second processor and a second memory having a second plurality of instructions stored therein that, in response to execution by the second processor, causes the operation parameter controller to (“A reasonable control algorithm must be designed to avoid the fault of over-charging or over-discharging of the ground power battery caused by over-large output driving or braking torque of the hub motor of the whole vehicle.” (Page 2 lines 17-19), see also Abstract, Claims 1 and 10):
…
automatically adjust a torque level applied by each hub motor of the electric delivery truck to be within a hub motor operation threshold based on the hub motor parameters thereby enabling each hub motor to operate at an operation torque level as requested by the electric delivery truck control inputs from the operation of the electric delivery truck and maintaining the torque level applied by each hub motor within a current limit allowed by a battery management unit of the electric delivery truck and a torque limit allowed by each hub motor as the electric delivery truck executes a route (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), see also Page 4 lines 23-28, claim 10).
However, Wang does not specifically disclose of automatically adjust a torque level applied to each hub motor in response to each hub motor parameter that impacts each hub motor differently and changes and/or deviates thereby enabling independent adjustment of the torque level applied to each hub motor, wherein independently adjusting the torque level to each hub motor in reverse and drive enables the electric delivery truck to accelerate and brake without an implementation of brakes.
Payne, in the same field of endeavor, teaches of automatically adjust a torque level applied to each hub motor in response to each hub motor parameter that impacts each hub motor differently and changes and/or deviates thereby enabling independent adjustment of the torque level applied to each hub motor, wherein independently adjusting the torque level to each hub motor in reverse and drive enables the electric delivery truck to accelerate and brake without an implementation of brakes (“Additionally, the managing module 530, in one arrangement, utilizes the identified locations of the hub motors 170′ on the vehicle 100 and the associated characteristics identified from the attributes 560 to manage the power delivery to the set of hub motors 170. In one approach, the managing module 530 independently manages the electrical power to provide distinct levels of the electrical power to separate ones of the hub motors 170′. In other words, the managing module 530 may independently manage the power delivery to each of the hub motors 170′ of the set of hub motors 170.” (Para 0071), “In one arrangement, the managing module 530, in the combination mode, provides an opposing torque to the rotatable axle 202 relative to the wheel hub 238 for electronic braking operations. For example, the managing module 530 uses the set of hub motors 170 to either electronically brake the vehicle 100 without the use of the brake 272, or electronically supplement the mechanical operation of the brake 272 to slow the vehicle 100 down. In this case, the managing module 530 dynamically disengages the one or more wheel clutches 264 while operating the set of hub motors 170 to provide an appropriate opposing torque to the rotatable axle 202 relative to the wheel hub 238 for slowing down the vehicle 100.” (Para 0090)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the torque level applied to each of the hub motors, as taught by Wang, to include being determined independently of each other in reverse and drive, as taught by Payne, with a reasonable expectation of success in order to allow the hub motors to provide distinct amount of power and allow the vehicle to be stopped without the use of the brakes (Payne Para 0071 and 0090).
In regards to claim 11, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise.
Allowable Subject Matter
Claims 2-10 and 12-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 2, the claim was previously indicated as allowable subject matter in the Non-Final Rejection of April 3, 2025. An updated search has been performed, however no additional prior art was found that teaches of the claim limitations, therefore the claim remains allowable subject matter. The reasons previously recited for indicating allowable subject matter have been repeated below.
In regards to claim 2, the closest prior art of record is Wang et al. (CN 116572756; hereinafter Wang; already of record from IDS; See attached annotated English transition for page and line numbers) in view of Payne et al. (US 20210094405; hereinafter Payne; already of record from IDS) further in view of Miller et al. (US 20190126759; already of record from IDS). Wang in view of Payne further in view of Miller teaches of the electric delivery truck control system of claim 1, wherein the second memory having the second plurality of instructions that causes the operation parameter controller to:
continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level … within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route.
However, Wang in view of Payne further in view of Miller do not teach of continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level at a percentage of maximum torque within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route; and
continuously adjust the torque level applied by each hub motor of the electric delivery truck to be at the percentage of maximum torque that is continuously adjusted as the hub motor parameters and the requested operation torque level continuously change to maintain the torque level within the percentage of current limit allowed by the battery management unit and the torque limit allowed by each hub motor that continuously change as the electric delivery truck operates to execute the route. It is noted that Miller does teach of adjusting a motor to output a percentage of a regenerative braking torque, however this is not the same as the continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level at a percentage of maximum torque within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route; and continuously adjust the torque level applied by each hub motor of the electric delivery truck to be at the percentage of maximum torque that is continuously adjusted as the hub motor parameters and the requested operation torque level continuously change to maintain the torque level within the percentage of current limit allowed by the battery management unit and the torque limit allowed by each hub motor that continuously change as the electric delivery truck operates to execute the route. Therefore, the claim contains allowable subject matter.
In regards to claim 12, the claim recites analogous limitations to claim 2, and therefore contains allowable subject matter on the same premise.
In regards to claims 3-10, and 13-20, the claims are dependent upon a claim indicated as containing allowable subject matter, and therefore contains allowable subject matter.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Mon-Fri 8:00-4:30.
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/KYLE J KINGSLAND/Examiner, Art Unit 3663