DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This is the initial office action based on the 18/910,713 application filed October 9, 2024. Claims 1-15 are pending and have been fully considered.
Information Disclosure Statement
The information disclosure statement (IDS) dated October 9, 2024 is noted. The submission is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the IDS is being considered by the Examiner.
Claim Objections
Claims 7 and 13 are objected to because of the following informalities. Many of the elements in Claim 7 are previously recited in Claim 1, from which Claim 7 depends. Examiner suggests amending the claim as follows to avoid antecedent basis issues.
The computer system of claim 1, wherein the computer system is comprised in a transmission control unit comprised in a transmission of a vehicle, and the processing circuitry is configured to:
receive [[an]] the engine restart request for restarting [[an]] the engine of the vehicle while the vehicle is moving and the engine is off;
receive, directly from the engine through a signal line directly connecting a signal source comprised in the engine and the transmission control unit, [[a]] the signal encoding [[a]] the real-time rotational speed of the engine, the signal being a pulse train, a time between adjacent pulses in the pulse train indicating the real-time rotational speed of the engine;
control [[an]] the actuator to gradually engage [[a]] the clutch of [[a]] the transmission coupled to rotating wheels of the vehicle in such a way that [[a]] the rate of change of the real-time rotational speed of the engine is kept below [[a]] the predefined threshold rate of change;
control the actuator to disengage the clutch in response to the real-time rotational speed of the engine increasing to a predefined first threshold rotational speed; and
control the actuator to engage the clutch in response to the real-time rotational speed of the engine decreasing from the first threshold rotational speed to a predefined second threshold rotational speed, lower than the first threshold rotational speed.
Claim 13 is similarly objected to based upon similar dependency to Claim 10.
Appropriate correction is required. Examiner requests that applicant review the claims thoroughly for similar potential antecedent basis issues.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "to measure the real-time rotational speed of a driveshaft of the engine" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Specifically, Claim 1, from which Claim 3 depends, recites “a real-time rotational speed of the engine”. It is unclear if the recitation in Claim 3 is referring to the same rotational speed and therefore Claim 3 is indefinite since it fails to set forth a claim that “clearly and precisely inform[s] persons skilled in the art of the boundaries of protected subject matter” (see MPEP § 2173).
Similarly, Claim 4 recites the limitation "to measure the real-time rotational speed of a flywheel of the engine" in line 2. There is insufficient antecedent basis for this limitation in the claim. Specifically, Claim 1, from which Claim 4 ultimately depends, recites “a real-time rotational speed of the engine”, while Claim 3 recites “the real-time rotational speed of a driveshaft of the engine”. It is unclear if the recitation in Claim 4 is referring to the same rotational speeds and therefore Claim 4 is indefinite since it fails to set forth a claim that “clearly and precisely inform[s] persons skilled in the art of the boundaries of protected subject matter” (see MPEP § 2173).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 14 and 15 are rejected under 35 U.S.C. §101 because the claimed invention is directed to nonstatutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim(s) recite software per se.
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.
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.
Claim(s) 1, 3, 8-10, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nedorezov et al. (U.S. Patent Publ’n No. 2014/0045650, herein “Nedorezov”) in view of Vogelgesang et al. (DE 102013215101 A1, herein “Vogelgesang”). Note: reference herein to the text of Vogelgesang is directed to the machine translation provided herewith.
Regarding Claims 1 and 10, Nedorezov discloses the invention substantially as claimed, including a computer system comprising processing circuitry (see paragraph [0026] and Figure 2, controller (12)) that is configured to:
receive an engine restart request for restarting an engine of a vehicle while the vehicle is moving (paragraph [0004], method will operate while the vehicle is in a “moving condition”, and paragraph [0036] and Figure 3, step 312, “it may be determined whether a restart is requested. The engine restart may be initiated by a throttle or torque demand, by a change in vehicle speed, by a vehicle speed that is above or below a threshold, by a change in brake pedal or accelerator pedal position, by other restart conditions, and/or combinations thereof”);
receive, directly from the engine, a signal encoding a real-time rotational speed of the engine (see paragraph [0040], engine operating conditions may be estimated and/or measured, which may include, for example, engine speed); and
control an actuator to gradually engage a clutch of a transmission coupled to rotating wheels of the vehicle (see paragraph [0037], the “routine further modulates the clutch pressure of one or more transmission clutches, based on a speed across a torque converter, to reduce audible clunks and enable a smooth transition through a lash region of the transmission during the restart”).
While Nedorezov discloses that engine speed may be a feedback variable for clutch modulation (see paragraph [0039]), Nedorezov does not specifically provide that the actuator is controlled in such a way that a rate of change of the real-time rotational speed of the engine is kept below a predefined threshold rate of change.
However, Vogelgesang discloses methods for operating clutching operations in powertrains of motor vehicles (see paragraph [0001]), wherein a determination of the setpoint clutch torque is made in order to provide a transition from a coasting operation to a normal operation of the drive system (1) that is as smooth as possible (see paragraph [0033]). Specifically, Vogelgesang discloses engaging the clutch of the vehicle in such a way that a rate of change of the real-time rotational speed of the engine is kept below a predefined threshold rate of change (see paragraph [0047], Claims 6 and 7, and Figure 4 (P2)).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the methods of Nedorezov by using a rate of change of rotational speed of the engine compared to a predefined threshold rate of change as described in Vogelgesang in order to further improve coupling in which jerks or significant changes in the longitudinal acceleration of the motor vehicle can be avoided (see Vogelgesang, paragraph [0014]).
Regarding Claim 3, Nedorezov discloses that the computer system is configured to receive the signal encoding the real-time rotational speed of the engine directly from a rotation sensor (118) arranged to measure the real-time rotational speed of a driveshaft of the engine (see paragraph [0026], “sensor 118, which is also used as an engine speed sensor, may produce a predetermined number of equally spaced pulses every revolution of the crankshaft”).
Regarding Claim 8, Nedorezov discloses that the computer system is in a vehicle (see paragraph [0015] and Figure 2).
Regarding Claim 9, Nedorezov discloses that the vehicle includes an engine (10), wheels (19), and a transmission (15) coupled between the engine (10) and the wheels, wherein the transmission includes a clutch (16) controllable by the computer system to gradually engage with the engine to gradually change a torque transfer between the engine and the wheels (see at least paragraphs [0017]-[0018]).
Regarding Claims 14 and 15, Nedorezov discloses that the computer system and method includes program code for performing, when executed by processing circuitry, the method (see at least paragraphs [0026]-[0028]), and having a non-transitory computer-readable storage medium comprising instructions, which when executed by processing circuitry, cause the processing circuitry to perform the method (see at least paragraphs [0026]-[0028]).
Allowable Subject Matter
Claims 2, 4-7, and 11-13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Specifically, various references are cited that provide detail of relevant control systems and methods for engine starter control.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES G MOUBRY whose telephone number is (571)270-5658. The examiner can normally be reached M-F 10AM - 6:30PM.
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/GRANT MOUBRY/Primary Examiner, Art Unit 3747