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 Claims
This is the second Office Action on the merits. Claims 1-7 are currently pending. Claims 1-2 are currently amended and Claims 3-7 are newly added. This action is FINAL.
Response to Amendment
The amendments filed on 04/03/2026 have been entered.
In view of the Drawings, Applicant’s amendments have been acknowledged.
In view of the Specification, Applicant’s amendments have been acknowledged.
In view of the Claims, Applicant’s amendments have been acknowledged.
Response to Arguments
Applicant’s arguments, see page 9, filed 04/03/2026, with respect to the Drawings have been fully considered and are persuasive.
Applicant’s arguments, see page 10, filed 04/03/2026, with respect to the Specification have been fully considered and are persuasive.
Applicant’s arguments, see pages 10-12, filed 04/03/2026, with respect to the rejection(s) of claim(s) 1-2 under 35 USC 103 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 Therefore, the rejection has been withdrawn.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 Ogawa (US20150066271A1) in view of Ogawa (US20220144244A1), hereinafter Ogawa’271 and Ogawa’244, respectively.
In regards to the 35 USC 103 rejections, Applicant argued that there is no motivation to have combined Ogawa’271 and Zheng et al. (US20090216704A1), hereinafter Zheng, and that Zheng fails to teach the amended limitations. Examiner found Applicant’s argument persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ogawa’271 and Ogawa’244. Claim 2, by dependency of independent claim 1, is rejected under 35 USC 103, as discussed below.
Applicant’s arguments, see page 12, filed 04/03/2026, with respect to claims 3-7 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made in view of Ogawa’271 and Ogawa’244.
In regards to claims 3-7, Applicant argued that neither Zheng nor Ogawa’271 disclose at least “forming a combined travel section based on a determination that a first travel section is not a predetermined motor travel section.” Examiner found Applicant’s argument persuasive. However, upon further consideration, a new ground(s) of rejection is made in view of Ogawa’271 and Ogawa’244, as discussed below.
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.
Claims 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa’271 in view of Ogawa’244.
Regarding claim 1, Ogawa’271 teaches of a hybrid electric vehicle ("the vehicle is a hybrid vehicle", [0013]), comprising: an engine configured to output traction power ("The engine 25 a generates engine torque", [0038]); a motor configured to output traction power ("The MG 25 b converts electric energy to mechanical power to generate motor torque", [0038]); an energy storage device configured to transfer electric power to and from the motor ("The battery actuator 46 is configured to control the battery mounted on the vehicle", [0051], "The MG 25 b converts electric energy to mechanical power to generate motor torque", [0038]); and a control device (“hybrid ECU 44”, [0049]) configured to, when causing the hybrid electric vehicle to travel by controlling the engine and the motor by switching between a motor drive mode in which the hybrid electric vehicle performs motor driving and a normal drive mode in which the hybrid electric vehicle performs normal driving ("The hybrid ECU 44 is configured to control…at least an engine travel mode in which the drive force is generated on the drive wheel only by the output of the engine 25 a, an EV travel mode in which the drive force is generated on the drive wheel only by the output of the MG 25 b as the motor, and a hybrid travel mode in which the drive force is generated on the drive wheel by the outputs of both the engine 25 a and the MG 25 b are set as the drive modes of the power source in the hybrid ECU 44", [0049]): acquire information on each of travel sections in a travel route planned or estimated based on map information ("The storage unit 22 stores a map information database 22 a. The map information database 22 a stores information necessary for the travel of the vehicle 10 (map, straight road, curve, upward/downward slope, express way, sag, tunnel and the like", [0036]) and a location of the hybrid electric vehicle ("The car navigation device 28 detects a route to the destination from…the information of the present location obtained by the GPS communicating unit 32", [0041]), and perform drive assistance control to cause the hybrid electric vehicle to travel based on the drive assistance plan ("a travel plan calculating unit configured to calculate a travel plan including a drive mode of each section of the route", [0008]), wherein: the motor driving being driving in which the hybrid electric vehicle runs on the power from the motor and without the power from the engine; the normal driving being driving in which the hybrid electric vehicle runs on the power from the engine and the power from the motor as necessary ("The hybrid ECU 44 is configured to control…at least an engine travel mode in which the drive force is generated on the drive wheel only by the output of the engine 25 a, an EV travel mode in which the drive force is generated on the drive wheel only by the output of the MG 25 b as the motor, and a hybrid travel mode in which the drive force is generated on the drive wheel by the outputs of both the engine 25 a and the MG 25 b are set as the drive modes of the power source in the hybrid ECU 44", [0049]).
However, Ogawa’271 does not teach of combine consecutive travel sections based on a predetermined condition, create, based on information on the combined consecutive travel section, a drive assistance plan on whether the hybrid electric vehicle travels in the motor drive mode or the normal drive mode, and the control device is configured to, when the travel sections in the travel route include a predetermined motor travel section in which the hybrid electric vehicle is supposed to perform the motor driving, create the drive assistance plan without combining the predetermined motor travel section.
Ogawa’244, in the same field of endeavor, teaches of combine consecutive travel sections based on a predetermined condition ("The controller is configured to integrate consecutive travel sections, among the travel sections, into a single travel section when a predetermined condition is established in the consecutive travel sections", [0009], "the navigation ECU 350 is configured to integrate consecutive travel sections, among the travel sections constituting the travel route to the destination, into a single travel section when a predetermined condition is established in the consecutive travel sections. The predetermined condition includes a condition that regulation information matches, the regulation information indicating the presence or absence of the regulated section where predetermined regulation regarding an operating state of the vehicle 1 is set", [0073]), create, based on information on the combined consecutive travel section, a drive assistance plan on whether the hybrid electric vehicle travels in the motor drive mode or the normal drive mode ("After the integration processing is executed, the travel plan is set in the switching control using the travel sections after the integration processing", [0106], at least see FIG. 3, shows combining consecutive travel sections (IDENTIFICATION NUMBER 1 and 2)), and the control device is configured to, when the travel sections in the travel route include a predetermined motor travel section in which the hybrid electric vehicle is supposed to perform the motor driving, create the drive assistance plan without combining the predetermined motor travel section ("when, for example, the regulation information indicating the presence or absence of the regulated section are not matched in the consecutive travel sections, the travel sections are not integrated. Therefore, it is possible to preferentially assign the CD mode to the regulated section, which makes it possible to restrain the engine mounted on the vehicle from being in operation while the vehicle travels in the regulated section", [0010], "When it is determined that the regulation information on the starting point travel section and the nth travel section are not identical (NO in S108), the processing is shifted to S116", [0083], this teaches that it does NOT combine driving sections that have different information, i.e., it will not combine predetermined electric engine vs engine travel).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Ogawa’271 with the teachings of Ogawa’244 to combine consecutive travel sections based on a predetermined condition and exclude combining sections marked as motor-only from being combined with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to improve the overall efficiency of the system by reducing storage capacity and simplifying processing without sacrificing precise motor drive mode assignment to designated sections (Ogawa'244, [0006]- [0007]).
Regarding claim 3, Ogawa’271 teaches of a hybrid electric vehicle ("the vehicle is a hybrid vehicle", [0013]), comprising: an engine configured to output engine power ("The engine 25 a generates engine torque", [0038]); a motor configured to output motor power ("The MG 25 b converts electric energy to mechanical power to generate motor torque", [0038]); an energy storage device configured to transfer electric power to and from the motor "The battery actuator 46 is configured to control the battery mounted on the vehicle", [0051], "The MG 25 b converts electric energy to mechanical power to generate motor torque", [0038]); and a control device ("hybrid ECU 44", [0049]) configured to: cause the hybrid electric vehicle to travel by controlling the engine and the motor by switching between a motor drive mode in which the hybrid electric vehicle performs motor driving and a normal drive mode in which the hybrid electric vehicle performs normal driving ("The hybrid ECU 44 is configured to control…at least an engine travel mode in which the drive force is generated on the drive wheel only by the output of the engine 25 a, an EV travel mode in which the drive force is generated on the drive wheel only by the output of the MG 25 b as the motor, and a hybrid travel mode in which the drive force is generated on the drive wheel by the outputs of both the engine 25 a and the MG 25 b are set as the drive modes of the power source in the hybrid ECU 44", [0049]); acquire information on each of travel sections in a travel route planned or estimated based on map information ("The storage unit 22 stores a map information database 22 a. The map information database 22 a stores information necessary for the travel of the vehicle 10 (map, straight road, curve, upward/downward slope, express way, sag, tunnel and the like", [0036]) and a location of the hybrid electric vehicle ("The car navigation device 28 detects a route to the destination from…the information of the present location obtained by the GPS communicating unit 32", [0041]); create a drive assistance plan for whether the hybrid electric vehicle travels in the motor drive mode or the normal drive mode ("a travel plan calculating unit configured to calculate a travel plan including a drive mode of each section of the route", [0008]), and perform drive assistance control to cause the hybrid electric vehicle to travel based on the drive assistance plan ("The driving assistance controller 20e controls the drive mode based on the travel plan calculated by the travel plan calculating unit 20d", [0056]), wherein: the motor driving is driving in which the hybrid electric vehicle drives using the motor power and without using the engine power; and the normal driving being driving in which the hybrid electric vehicle drives on the engine power and the motor power as necessary ("The hybrid ECU 44 is configured to control…at least an engine travel mode in which the drive force is generated on the drive wheel only by the output of the engine 25 a, an EV travel mode in which the drive force is generated on the drive wheel only by the output of the MG 25 b as the motor, and a hybrid travel mode in which the drive force is generated on the drive wheel by the outputs of both the engine 25 a and the MG 25 b are set as the drive modes of the power source in the hybrid ECU 44", [0049]).
However, Ogawa’271 does not teach of determine whether a first travel section of the travel sections is a predetermined motor travel section; and form a combined travel section by combining the first travel section with one or more prior travel sections of the travel sections based on a predetermined condition and based on a determination that the first travel section is not a predetermined motor travel section.
Ogawa’244, in the same field of endeavor, teaches of determine whether a first travel section of the travel sections is a predetermined motor travel section ("In S208, the navigation ECU 350 determines whether or not some part of the nth travel section has any regulated section", [0123], "some of the travel sections include a regulated section where electric traveling is required with the engine being turned off", [0007]); and form a combined travel section by combining the first travel section with one or more prior travel sections of the travel sections based on a predetermined condition and based on a determination that the first travel section is not a predetermined motor travel section ("The controller is configured to integrate consecutive travel sections, among the travel sections, into a single travel section when a predetermined condition is established in the consecutive travel sections. The predetermined condition includes a condition that regulation information matches", [0009], "the navigation ECU 350 determines that the regulation information corresponding to the starting point travel section and the regulation information corresponding to the nth travel section are not identical when, for example, the regulation information on the starting point travel section includes the regulation absent information, and the regulation information on the nth travel section includes the regulation present information", [0082], "When it is determined that the regulation information on the starting point travel section and the nth travel section are not identical (NO in S108), the processing is shifted to S116", [0083], "Among a plurality of travel sections, consecutive travel sections including no regulated section and consecutive travel sections including the regulated section can be set as a target for integration", [0135]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Ogawa’271 with the teachings of Ogawa’244 to determine whether each travel section is predetermined section, to combine consecutive travel sections based on a predetermined condition and to exclude combining sections marked as motor-only from being combined with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to improve the accuracy of the drive assistance plan by ensuring motor travel sections are classified separately during the combining of travel sections in order to assign the correct drive mode (Ogawa'244, [0010]).
Regarding claim 4, modified Ogawa’271 teaches of all limitations of claim 3 as stated above, additionally, the drive assistance plan includes the combined travel section and the motor travel segment ("a travel plan calculating unit configured to calculate a travel plan including a drive mode of each section of the route", [0008]).
However, modified Ogawa’271 does not teach of wherein the control device is further configured to: form a motor travel segment based on a determination that a second travel segment is the predetermined motor travel section; and the motor travel segment is a segment of the drive assistance plan in which the control device is configured to cause the hybrid electric vehicle to drive using motor driving.
Ogawa’244, in the same field of endeavor, teaches of wherein the control device is further configured to: form a motor travel segment based on a determination that a second travel segment is the predetermined motor travel section ("In S208, the navigation ECU 350 determines whether or not some part of the nth travel section has any regulated section", [0123], "The controller is configured to integrate consecutive travel sections, among the travel sections, into a single travel section when a predetermined condition is established in the consecutive travel sections. The predetermined condition includes a condition that regulation information matches, the regulation information indicating the presence or absence of a regulated section where predetermined regulation regarding an operating state of the vehicle is set", [0009]); and the motor travel segment is a segment of the drive assistance plan in which the control device is configured to cause the hybrid electric vehicle to drive using motor driving ("The CD mode is a control mode that uses discharged electric power from the power storage device 100 to continue electric driving of the vehicle 1 as much as possible while the engine 14 is stopped by consuming the electric power stored in the power storage device 100", [0057], "it is possible to preferentially assign the CD mode to the regulated section, which makes it possible to restrain the engine 14 mounted on the vehicle 1 from being in operation while the vehicle 1 travels in the regulated section", [0107]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Ogawa’271 with the teaching of Ogawa’244 to determine whether each travel section is a predetermined section and motor drive segments explicitly only use the electric motor with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to prevent unexpected engine operation in sections requiring motor-only travel (Ogawa’244, [0007]).
Regarding claim 5, modified Ogawa’271 teaches of all limitations of claim 4 as stated above.
However, modified Ogawa’271 does not teach of wherein the control device is further configured to prevent the vehicle from performing normal driving in the motor travel segment.
Ogawa’244, in the same field of endeavor, teaches of wherein the control device is further configured to prevent the vehicle from performing normal driving in the motor travel segment ("it is possible to preferentially assign the CD mode to the regulated section, which makes it possible to restrain the engine 14 mounted on the vehicle 1 from being in operation while the vehicle 1 travels in the regulated section", [0107], "The CD mode is a control mode that uses discharged electric power from the power storage device 100 to continue electric driving of the vehicle 1 as much as possible while the engine 14 is stopped by consuming the electric power stored in the power storage device 100", [0057], "there are cases where, for example, some of the travel sections include a regulated section where electric traveling is required with the engine being turned off", [0007]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Ogawa’271 with the teaching of Ogawa’244 to control the vehicle to not perform normal driving during a motor travel segment with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to prevent unexpected engine operation in sections requiring motor-only travel (Ogawa’244, [0007]).
Regarding claim 6, modified Ogawa’271 teaches of all limitations of claim 4 as stated above.
However, modified Ogawa’271 does not teach of wherein the control device is further configured to prevent the drive assistance plan from including a normal drive mode in the motor travel segment.
Ogawa’244, in the same field of endeavor, teaches of wherein the control device is further configured to prevent the drive assistance plan from including a normal drive mode in the motor travel segment ("when, for example, the regulation information indicating the presence or absence of the regulated section are not matched in the consecutive travel sections, the travel sections are not integrated. Therefore, it is possible to preferentially assign the CD mode to the regulated section, which makes it possible to restrain the engine mounted on the vehicle from being in operation while the vehicle travels in the regulated section", [0010], "After the integration processing is executed, the travel plan is set in the switching control using the travel sections after the integration processing", [0106], shows that motor and normal drive segments are completely separate and mutually exclusive).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Ogawa’271 with the teaching of Ogawa’244 to prevent the drive assistance plan from executing the normal drive mode during motor travel segments with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to prevent unexpected engine operation in sections requiring motor-only travel (Ogawa’244, [0007]).
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa’271 in view of Ogawa’244 as applied above, and further in view of Nesbitt (US20130066553A1), hereinafter Nesbitt.
Regarding claim 2, modified Ogawa’271 teaches of all limitations of claim 1 as stated above, specifically, the predetermined motor travel section ("a travel plan calculating unit configured to calculate a travel plan including a drive mode of each section of the route", [0008]).
However, modified Ogawa’271 does not teach of a section set by a user.
Nesbitt, in the same field of endeavor, teaches of a section set by a user ("when a user drags a cursor along, or otherwise selects, points along the route", [0062], "When the user selects the avoid indicator 460, a different route is determined", [0063], shows user input in route selection).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Ogawa’271 with the teaching of Nesbitt to receive user input for a travel route, including user selection of portions of the travel route with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to improve usability and flexibility of the travel plan by allowing the user to designate specific portions of a route that are treated differently by the system, particularly where the user is familiar with those portions and desires greater control over route-based behavior (Nesbitt, [0046]).
Regarding claim 7, modified Ogawa’271 teaches of all limitations of claim 3 as stated above, specifically, the predetermined motor travel section ("a travel plan calculating unit configured to calculate a travel plan including a drive mode of each section of the route", [0008]).
However, modified Ogawa’271 does not teach of a section set by a user.
Nesbitt, in the same field of endeavor, teaches of a section set by a user ("when a user drags a cursor along, or otherwise selects, points along the route", [0062], "When the user selects the avoid indicator 460, a different route is determined", [0063], shows user input in route selection).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Ogawa’271 with the teaching of Nesbitt to receive user input for a travel route, including user selection of portions of the travel route with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to improve usability and flexibility of the travel plan by allowing the user to designate specific portions of a route that are treated differently by the system, particularly where the user is familiar with those portions and desires greater control over route-based behavior (Nesbitt, [0046]).
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 ABIGAIL LEE ESPINOZA whose telephone number is (571)272-4889. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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ABIGAIL LEE ESPINOZA
Examiner
Art Unit 3657
/JONATHAN L SAMPLE/Primary Examiner, Art Unit 3657
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